Opinion
April 25, 1996
Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).
One of the People's witnesses testified that defendant blocked the victim's car with his body as he held his hand inside his jacket, creating a bulge in the breast area, and that the witness believed at the time that defendant was concealing a gun, which placed her in fear of interfering, as a codefendant shot the victim. Defendant did not preserve any issue respecting that testimony and, in any event, the testimony was properly admitted as it tended to show that defendant acted as a lookout and furnished a show of force, keeping bystanders at bay and preventing their interference with the shooter. This was relevant to the People's burden of establishing that defendant aided the shooter through accessorial conduct (Penal Law § 20.00; see, People v. Allah, 71 N.Y.2d 830; People v. Armistead, 178 A.D.2d 607, lv denied 79 N.Y.2d 943; People v. Ortiz, 192 A.D.2d 409, lv denied 81 N.Y.2d 1077; Matter of Roddell A., 165 A.D.2d 790). The prosecutor's comments on summation fell within the parameters of appropriate response to the defense summations and, in any event, were harmless in view of the overwhelming evidence of guilt ( People v. Genao, 184 A.D.2d 285, lv denied 80 N.Y.2d 903).
Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.