Opinion
August 29, 1994
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 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 (CPL 470.15).
The defendant's motion for a separate trial was properly denied inasmuch as he and his codefendants (see, People v. Barbieri, 207 A.D.2d 554 [decided herewith]; People v. Fernandez, 207 A.D.2d 562 [decided herewith]) were charged with acting in concert, the proof against all of them was supplied by the same evidence and the defendant failed to demonstrate that his defense and those of his codefendants were in irreconcilable conflict (see, People v Mahboubian, 74 N.Y.2d 174; People v. Bornholdt, 33 N.Y.2d 75, cert denied sub nom. Victory v. New York, 416 U.S. 905). Ritter, J.P., Pizzuto, Santucci and Altman, JJ., concur.