Opinion
March 21, 1994
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The defendant fired two shots from a pump-action rifle at two police officers who were investigating a report of a man with a gun. Viewing the evidence adduced at the trial 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 the defendant's guilt beyond a reasonable doubt. 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).
We find that the court's charge on identification was sufficient (see, People v. Whalen, 59 N.Y.2d 273, 279; People v James, 170 A.D.2d 694; People v. Bishop, 144 A.D.2d 476; People v Grant, 132 A.D.2d 619). The court also properly denied the defendant's request for a jury charge concerning justification (see, People v. Goetz, 68 N.Y.2d 96; People v. Padgett, 60 N.Y.2d 142; People v. Jeffries, 166 A.D.2d 665).
The court permissibly sentenced the defendant to consecutive terms of imprisonment because the two shots he fired were not a "single act" (Penal Law § 70.25; see, People v. Day, 73 N.Y.2d 208; People v. Braithwaite, 63 N.Y.2d 839; People v. Gilliam, 112 A.D.2d 475).
We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.