Opinion
December 2, 1993
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference, the People's evidence clearly established defendant's guilt beyond a reasonable doubt (People v Contes, 60 N.Y.2d 620, 621). Credibility is properly determined by the trier of facts (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). It is the function of the jury to sift through the conflicting evidence and to determine whether the defendant's guilt has been proven beyond a reasonable doubt. It was within the jury's province to credit the corroborated testimony of three eyewitnesses who knew defendant and saw him hit one victim in the head with a sawed-off rifle, cock the gun, aim it at this victim, and then fire it into a crowd, striking yet another victim in the leg causing him to nearly bleed to death.
Concur — Ellerin, J.P., Wallach, Kupferman and Nardelli, JJ.