Opinion
June 19, 1997
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People established, inter alia, that defendant fired a pistol into a crowd of fleeing bystanders. We find no reason to disturb the jury's credibility findings ( People v. Corporan, 169 A.D.2d 643).
The court properly permitted the People to introduce rebuttal evidence ( see, People v. Cade, 73 N.Y.2d 904), which rebutted defendant's claim of lawful possession of the weapon as well as the presence at the scene of defendant's purported eyewitnesses. To the extent this evidence could have been introduced on the People's direct case as well, the court properly exercised its discretion in permitting it to be introduced in rebuttal ( see, CPL 260.30). Furthermore, the alleged error is not preserved.
We have considered defendant's remaining claims and find them to be without merit.
Concur — Murphy, P.J., Wallach, Rubin, Tom and Andrias, JJ.