Summary
finding evidence legally sufficient to support a first-degree manslaughter conviction where defendant was one of group of gang members who "perpetrated a vicious fatal assault" on the victim, despite fact that defendant was not "among the assailants using knives or ice picks"
Summary of this case from Ortiz v. HeathOpinion
Argued April 13, 1999
June 21, 1999
Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 9, 1997, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed February 5, 1998.
M. Sue Wycoff, New York, N.Y. (Richard Joselson of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Thomas M. Ross of counsel), for respondent.
SONDRA MILLER, J.P., DAVID S. RITTER, WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, JJ.
DECISION ORDER
ORDERED that the judgment and the resentence are affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant was one of numerous gang members who perpetrated a vicious fatal assault upon an individual believed to be a member of a rival gang. Although the appellant was not among the assailants using knives or ice picks, the evidence nevertheless established that he shared a community of purpose with his fellow gang members ( see, People v. Cabey, 85 N.Y.2d 417; People v. Allah, 71 N.Y.2d 830). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).
The appellant's remaining contentions are without merit ( see, People v. Ramos, 262 A.D.2d 587 [Appellate Division Docket No 97-05353, decided herewith]).