Opinion
3728.
Decided May 25, 2004.
Judgment, Supreme Court, Bronx County (John S. Moore, J.), rendered December 9, 2002, convicting defendant, after a nonjury trial, of manslaughter in the first degree, gang assault in the first degree, assault in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him to three concurrent terms of 20 years, concurrent with a term of 1 year, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Zaharah R. Markoe of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Sullivan, Marlow, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The manslaughter conviction was supported by evidence warranting the conclusion that defendant shared a community of purpose with a companion who stabbed the victim in the heart ( see People v. Allah, 71 N.Y.2d 830) . At trial, defendant conceded his guilt of the assault counts, and his present challenges to those convictions are unpreserved and unavailing.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.