Opinion
November 21, 1988
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
Further, we find that the court's supplemental instruction relating to the concept of acting in concert was proper. It was responsive to the jury's inquiry and the charge as a whole was not prejudicial to the defendant (see, People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847). Thompson, J.P., Brown, Weinstein and Rubin, JJ., concur.