Opinion
October 1, 1999
Appeal from Judgment of Erie County Court, D'Amico, J. — Assault, 1st Degree.
PRESENT: LAWTON, J.P., HAYES, WISNER, PIGOTT, JR., AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 20.00, 120.10 Penal [1]). We reject defendant's contention that the verdict is not supported by legally sufficient evidence. The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), could lead a rational trier of fact to conclude that defendant shot at the victim and acted in concert with the other shooter ( see, People v. Cabey, 785 N.Y.2d 417, 421)