Opinion
December 21, 1989
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
We are satisfied that the verdict was not against the weight of the evidence. Resolution of issues of credibility, as well as the weight to be accorded the trial evidence, are primarily questions to be determined by the jury in the first instance (People v Mosley, 112 A.D.2d 812, affd 67 N.Y.2d 985).
Although complainant did not identify the defendant at trial, we are satisfied as to the guilt of the defendant and the sufficiency and credibility, in particular, of the identification evidence, since defendant was apprehended within minutes of the robbery, in close proximity to the scene of the crime, in a vehicle identified by the witness as the getaway vehicle, and in possession of the shotgun used during the attempted robbery.
Concur — Kupferman, J.P., Asch, Kassal, Ellerin and Wallach, JJ.