People v. Russell

OPINION OF THE COURT

Freedman, J.

Defendant was convicted of robbery in the first degree (Penal Law § 160.15 [4]) and sentenced to a nine year determinate sentence and five years’ postrelease supervision based on a single witness identification made 15 days after the robbery occurred. Upon exercising our independent factual review power (CPL 470.15), we find that the verdict was against the weight of the evidence (People v Danielson, 9 NY3d 342, 348-349 [2007]). The videotape depicting the robbery does not corroborate the complaining witness’s identification, and, viewed as a whole, the…