Opinion
December 19, 1989
Appeal from the Supreme Court, New York County (Robert M. Haft, J.).
We are not persuaded that minor inconsistencies in the height and weight given in identification testimony of the victim and an eyewitness, on the one hand, and defendant's appearance, on the other hand, rendered the identification testimony incredible as a matter of law. It is well settled that it is the jury's function to evaluate the credibility of witnesses (People v Parks, 41 N.Y.2d 36, 47) and here it had a full opportunity to compare defendant's appearance with testimony of his description at the time of the crime. Defendant's challenges to the prosecutor's comments on summation are unpreserved as a matter of law (CPL 470.05) and we find no reason to review them in the interest of justice, although, if we did, we would find them unobjectionable.
Concur — Kupferman, J.P., Asch, Kassal, Wallach and Rubin, JJ.