Opinion
November 3, 1994
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the evidence adduced at trial establishes defendant's guilt beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490, 495). The evidence established that defendant discharged his weapon three times, striking two individuals causing near fatal injuries after expressly threatening to kill one of the victims (see, People v Bracey, 41 N.Y.2d 296).
Contrary to defendant's contention the prosecutor's comment in summation was responsive to defense counsel's attack on the witnesses' credibility (see, People v. Adams, 194 A.D.2d 398, 399, lv denied 82 N.Y.2d 713).
Finally, defendant was not entitled to have the counts of assault in the first degree and weapon possession in the second and third degrees dismissed since they were not inclusory concurrent counts of any greater count (see, People v. Glover, 57 N.Y.2d 61).
We have considered defendant's remaining contentions and find that they do not warrant reversal.
Concur — Ellerin, J.P., Rubin, Nardelli and Williams, JJ.