Opinion
September 12, 1994
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (see, CPL 470.15).
The hearing court's determination that the in-court identification of the defendant by Ms. Rambaran had a source independent of any suggestive pretrial identification procedure is supported by the record (see, People v. Hyatt, 162 A.D.2d 713, 714; People v. Pittman, 159 A.D.2d 594, 595; People v. Androvett, 135 A.D.2d 640, 642).
Based upon our review of the court's charge to the jury, we find that the verdict is not repugnant as a matter of law (see, People v. Loughlin, 76 N.Y.2d 804, 806; People v. Tucker, 55 N.Y.2d 1, 7).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., O'Brien, Pizzuto and Santucci, JJ., concur.