Opinion
May 9, 1996
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence, there being ample evidence of accessorial liability. Defendant took steps to prevent the victim's associate from observing or interrupting the murder and defendant's actions as getaway driver evinced his planned participation in the crime ( see, People v. Whatley, 69 N.Y.2d 784; People v. Basch, 36 N.Y.2d 154, 157).
The court properly exercised its discretion in receiving expert testimony ( see, People v. Garcia, 196 A.D.2d 433, affd 83 N.Y.2d 817), and in summarily denying defendant's patently meritless motion to set aside the verdict based on purported "newly discovered evidence" ( see, CPL 330.30; 330.40 [2] [e]; People v. Rodriguez, 193 A.D.2d 363, lv denied 81 N.Y.2d 1079).
Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.