Opinion
October 11, 1990
Appeal from the Supreme Court, Bronx County, Lawrence Tonetti, J.
The uncontradicted testimony at trial was that defendant, after an argument with other pimps over a prostitute, fired at them from a distance of 20 to 30 feet. The defendant, who was in the company of a woman unconnected with the argument, fled in a white taxi. Moments later the prosecution witnesses pointed the vehicle out to nearby police officers and told them that defendant had just fired shots at them. The gun was recovered from the waist area of defendant's female companion. After being read his Miranda rights defendant stated that he gave the woman the weapon and that she had "nothing to do with it".
The evidence at trial was clearly sufficient to support the verdict. There is no basis upon which to disturb the jury's resolution of the questions of credibility presented by the unsavory character of the prosecution witnesses. (See, People v Carter, 155 A.D.2d 276, lv denied 75 N.Y.2d 811.) The claims in defendant's pro se supplemental brief concerning the court's charge were not properly preserved for appellate review. (CPL 470.05.) Those issues raised regarding the use at trial of defendant's statement have been reviewed and found to be without merit.
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Wallach, JJ.