Opinion
June 20, 1995
Appeal from the Supreme Court, New York County (Lawrence Tonetti, J.).
Viewing the evidence adduced at trial in a light most favorable to the prosecution and giving it the benefit of every reasonable inference ( People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's conviction for assault in the first degree was proven beyond a reasonable doubt. Moreover, 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 victim's testimony that defendant deliberately aimed his weapon at his head, demanded a gold chain, and fired the gun into the victim's face sufficed as a matter of law to establish that defendant intended to seriously injure him ( People v. Bracey, 41 N.Y.2d 296, 301; People v. Vasquez, 209 A.D.2d 203). Defendant's arguments regarding the victim's credibility were properly placed before the jury, and we find no reason to disturb its determination.
Relying on People v. Antommarchi ( 80 N.Y.2d 247), defendant claims that a portion of the court's reasonable doubt charge imposed upon the jury an affirmative duty to articulate their doubt regarding defendant's guilt to their fellow jurors and therefore shifted the burden of proof to the defense. This claim is unpreserved and we decline to reach it in the interest of justice. Lastly, we find no abuse of discretion by the sentencing court.
Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Mazzarelli, JJ.