Opinion
July 8, 1996
Appeal from the Supreme Court, Kings County (Gary, J.).
Ordered that the judgment is 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 the defendant's guilt beyond a reasonable doubt. Based on the evidence presented at the trial, the jury could reasonably infer that the defendant either shot the victim or shared in the intention of the codefendant Larry Laraque to do so ( see, People v. Laraque, 225 A.D.2d 562; see also, People v. Cabey, 85 N.Y.2d 417; People v. Whatley, 69 N.Y.2d 784; People v. Rodriguez, 221 A.D.2d 381; People v Crumwell, 199 A.D.2d 406; People v. Jolly, 193 A.D.2d 816).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15). Although there were inconsistencies in the testimony of the People's witnesses, the inconsistencies are clearly insufficient to warrant reversal of a conviction based on the jury finding that the defendant acted in concert with others in shooting the victim ( see, People v Middleton, 143 A.D.2d 1053). Sullivan, J.P., Santucci, Joy and Hart, JJ., concur.