Opinion
July 15, 1996
Appeal from the Supreme Court, Queens County (Katz, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant, acting in concert (see, Penal Law § 20.00), possessed a firearm with the intent to use it unlawfully against another and murdered the victim (see, Penal Law § 265.03, 125.25 Penal [1]; People v. Whatley, 69 N.Y.2d 784; People v. Duncan,
46 N.Y.2d 74; People v. Rodriguez, 221 A.D.2d 381; People v. Jackson, 219 A.D.2d 676). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15; People v. Grajales, 187 A.D.2d 631).
The sentence imposed is not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.