Opinion
October 23, 1995
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is affirmed.
The defendant, who was charged with several crimes on an "acting in concert" basis, was not prejudiced by the court's instruction to the jurors that they could find him guilty even if they did not believe that there was a second perpetrator (see, People v. Rivera, 84 N.Y.2d 766; People v. Gaskin, 184 A.D.2d 525; People v. Smith, 156 A.D.2d 756). Bracken, J.P., Sullivan, Friedmann and Krausman, JJ., concur.