Opinion
June 20, 1988
Appeal from the County Court, Westchester County (Owen, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in a light most favorable to the People, we find that it was legally sufficient to support the conviction (People v Contes, 60 N.Y.2d 620, 621). In order to hold an accessory liable for acts committed by his principal, the prosecution must prove, beyond a reasonable doubt, that the accessory possessed the requisite mental culpability for the crimes charged (see, Penal Law § 20.00; People v La Belle, 18 N.Y.2d 405; People v McClary, 138 A.D.2d 413). The complainant clearly testified that the defendant was armed, physically assaulted him prior to the shooting, and fled with his accomplices after the potentially fatal shots were fired. "Such active participation in the commission of the crimes provided a reasonable basis from which the jury could reasonably infer that the defendant acted with the mental culpability for the crimes charged" (People v McClary, supra, at 414; see, People v Bell, 94 A.D.2d 894, affd 63 N.Y.2d 796). 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).
We have examined the defendant's remaining contentions and find them to be without merit. Lawrence, J.P., Weinstein, Spatt and Balletta, JJ., concur.