Opinion
2002-04912.
January 10, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 14, 2002, convicting him of gang assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diana Villanueva of counsel; Lindsay Rubel on the brief), for respondent.
Before: Florio, J.P., Krausman, Lifson and Lunn, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of gang assault in the first degree ( see Penal Law § 120.07; Penal Law § 20.00). Contrary to the defendant's contentions, the testimony provided by two separate prosecution witnesses supports this conclusion ( see People v. Mercer, 17 AD3d 607; People v. Gonzalez, 3 AD3d 579). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The defendant's remaining contentions, raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit.