Ahmed was later shot by one of those robbers during an ensuing gun battle with the police. 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 felony murder beyond a reasonable doubt ( see, People v Hernandez, 82 NY2d 309; People v Powell, 167 AD2d 432). 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).
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 the defendant's oral and videotaped statements to law enforcement authorities established that he was aware of his companion's homicidal intentions and shared the intent to kill the victim (see, People v. Gonzalez, 143 A.D.2d 681, 682). Moreover, the defendant's participation in the murder, namely, hitting the victim over the head with a stick two or three times, forcefully carrying him up the stairs of an apartment building, and searching for an alternative strangling device after a wire that was wrapped around the victim's neck broke, belies his claim that he had no reasonable ground to believe that the coperpetrators intended to engage in conduct likely to result in the victim's death (see, People v. Powell, 167 A.D.2d 432, 433). Further, the defendant's actions and participation was such that the jury could reasonably infer that he shared the intent to kill the victim, even though he did not himself administer the fatal injury.
The defendant then appealed his conviction to the Appellate Division, Second Department. The conviction was affirmed. (People v Powell, 167 A.D.2d 432 [2d Dept 1990].) Leave to appeal to the Court of Appeals was denied on February 12, 1991.