People v. Tyler , 115 A.D.2d 215 ( 1985 )

Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: On remittitur from the Court of Appeals for determination of the facts (CPL 470.40 [2] [b]), we hold that the jury verdict was not against the weight of the evidence. We choose not to exercise our discretion in the interest of justice. We have considered the other contentions originally raised by defendant and find them lacking in merit. Present—Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.