Opinion
February 3, 1995
Appeal from the Erie County Court, D'Amico, J.
Present — Pine, J.P., Lawton, Fallon, Wesley and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We conclude that the circumstantial evidence, viewed in the light most favorable to the People, provides a valid line of reasoning and permissible inferences to support defendant's conviction of manslaughter in the second degree (see, People v. Williams, 84 N.Y.2d 925). Moreover, defendant's conviction is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). We further conclude that the evidence is sufficient to support County Court's instructions to the jury on criminal liability for the conduct of another (Penal Law § 20.00). The fact that the indictment and the People's bill of particulars did not accuse defendant as an accessory does not bar a conviction based on accessorial conduct (see, People v. Hobbs, 185 A.D.2d 619, 620, lv denied 80 N.Y.2d 1027; People v. Kimbrough, 155 A.D.2d 935, lv denied 75 N.Y.2d 814).
We have reviewed defendant's remaining contention and conclude that it is without merit.