Opinion
2003-10896.
September 6, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered November 17, 2003, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, Heather Eve Abelson, and Jacob F.M. Oslick of counsel), for respondent.
Before: Florio, J.P., H. Miller, Ritter and Rivera, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt, based on an acting-in-concert theory. 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).