Opinion
June 1, 1995
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference, defendant's guilt of the crimes charged was proven beyond a reasonable doubt ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), and, upon an independent review of the facts, the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490). The jury reasonably concluded that defendant's agreement with his employer to procure an individual to carry out two murders, his bringing together the actual shooter and his employer, his expectation and receipt of compensation for his actions, and his presence at the scene when the murders took place, constituted adequate proof of defendant's guilt of intentional murder ( see, People v. King, 180 A.D.2d 758, lv denied 79 N.Y.2d 1051). Defendant concedes his guilt of criminal facilitation in the second degree, and his agreement with his employer to cause the performance of conduct constituting a class A felony constitutes adequate proof of defendant's guilt of conspiracy in the second degree (Penal Law § 105.15). While defendant attempted to temper his initial statement to the police regarding his participation in the crimes charged with additional details tending to minimize his participation, the jury's determinations of fact and credibility, not unreasonable, will not be disturbed by this Court ( People v. Siu Wah Tse, 91 A.D.2d 350, 352).
Concur — Rubin, J.P., Kupferman, Asch and Tom, JJ.