Opinion
September 22, 1986
Appeal from the Supreme Court, Kings County (Heller, J.).
Judgment affirmed.
Viewing the evidence in the light most favorable to the prosecution, as we are required to do (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), and assuming that the jury credited the People's witnesses and afforded their testimony the full weight which might reasonably be accorded to it (People v Benzinger, 36 N.Y.2d 29, 32), we find that the defendant's guilt was established beyond a reasonable doubt since "` any rational trier of fact could have found the essential elements of the crime[s] beyond a reasonable doubt'" (People v Contes, 60 N.Y.2d 620, 621, quoting from Jackson v Virginia, 443 U.S. 307, 319, reh denied 444 U.S. 890).
The trial court did not err in failing to charge assault in the first degree as a lesser included offense since no request for such a charge was ever made (CPL 300.50). In addition, the trial court did not abuse its discretion in ruling that should the defendant choose to testify, he could be asked whether he had previously been convicted of criminal possession of a weapon in the third degree as the court was justified in finding that the probative value of such evidence outweighed the potential prejudice to the defendant.
Our review of the sentencing minutes reveals that the defendant admitted his prior conviction and failed to challenge its constitutionality. Thus, he was correctly adjudged a second felony offender and sentenced accordingly. Furthermore, we find no basis in the record warranting a modification of the sentence. Mollen, P.J., Weinstein, Lawrence and Kunzeman, JJ., concur.