Opinion
October 13, 1987
Appeal from the Supreme Court, Queens County (Eiber, J.).
Ordered that the judgments are affirmed.
The evidence adduced at the trial, which revealed that the defendant Lewis shot the complainant at close range several times while the complainant was being restrained by the defendant Marcus, and that the assault had been premeditated, was legally sufficient to support the verdicts. Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established both defendants' guilt beyond a reasonable doubt and that the verdicts were not against the weight of the evidence (see, CPL 470.15).
The defendant Marcus's challenge to the verdict as representing a compromise by the trier of fact, inasmuch as the evidence, if credited, would have supported a conviction of attempted murder, an offense charged in the indictment, does not furnish a basis for reversal (see, People v. Alfaro, 108 A.D.2d 517, affd 66 N.Y.2d 985).
We have examined the defendants' remaining contentions, including those asserted by the defendants pro se, and find them to be either unpreserved for our review or without merit. Thompson, J.P., Weinstein, Rubin and Harwood, JJ., concur.