Opinion
2001-03788
Decided August 2, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered April 5, 2001, convicting him of attempted aggravated assault upon a police officer (three counts), upon a jury verdict, and imposing sentence.
Before: Ritter, J.P., Goldstein, Mastro and Fisher, 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. 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). Three police officers testified that when they confronted the defendant and identified themselves, he responded by shooting a firearm repeatedly in their direction. This evidence provided a sufficient factual basis for the jury verdict finding the defendant guilty of three counts of attempted aggravated assault upon a police officer ( see People v. Clark, 191 AD2d 576, 577; People v Smith, 162 AD2d 736). Inconsistencies regarding the location and source of shell casings that fell during the gun battle were placed before the trier of fact and resolved in the prosecution's favor ( see People v. Clark, supra).
The imposition of consecutive sentences was a proper exercise of the Supreme Court's discretion ( see People v. Day, 73 NY2d 208, 212; People v. Brathwaite, 63 NY2d 839, 843; People v. Clark, supra). Furthermore, the sentences imposed were not excessive ( see People v. Suitte, 90 AD2d 80).
The remaining contentions raised in the defendant's supplemental pro se brief are without merit.