Opinion
Argued June 21, 1999
October 4, 1999
M. Sue Wycoff, New York, N.Y. (Bertrand J. Kahn and Lawrence T. Hausman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Sholom J. Twersky of counsel), for respondent.
DANIEL W. JOY, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered December 11, 1996, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to an indeterminate term of 12 1/2 to 25 years imprisonment for the conviction of manslaughter in the first degree and an indeterminate term of 7 1/2 to 15 years imprisonment for the conviction of criminal possession of a weapon in the second degree, to run consecutively.
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision thereof providing that the terms of imprisonment imposed shall run consecutively to each other and substituting therefor a provision providing that the terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.
Initially, it is noted that the defendant's contention that he was not identified as the shooter beyond a reasonable doubt was not preserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (People v. Alexander, 176 A.D.2d 947; People v. Harvey, 175 A.D.2d 138). 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 sentence imposed was excessive to the extent indicated herein.
The defendant's remaining contention is without merit.
JOY, J.P., KRAUSMAN, H. MILLER, and FEUERSTEIN, JJ., concur.