People v. Peoples

Judgment unanimously affirmed. Memorandum: Defendant’s conviction was based upon legally sufficient evidence (CPL 70.10 [1]). Viewing the evidence in the light most favorable to the People, we find that a rational trier of fact could have found defendant guilty of the crimes charged beyond a reasonable doubt (People v Bauer, 113 AD2d 543, 548, Iv denied 67 NY2d 880). The credibility of the eyewitness was a matter to be determined by the trier of fact and we should not substitute our judgment for that of the jury (People v Hill, 115 AD2d 239).

While the court’s instructions to the jury as to…