Opinion
April 25, 2000.
Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered September 25, 1996, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing him to concurrent terms of 1 1/2 to 4 1/2 years and 1 year, respectively, unanimously affirmed. The matter is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50(5).
Mathew Kleiner, for respondent.
Steven R. Kartagener, for defendant-appellant.
ROSENBERGER, J.P., NARDELLI, TOM, WALLACH, SAXE, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant's conduct warranted reasonable inferences that he intended to cause serious physical injury to the victim and actually aided the codefendant in doing so (see, People v. Cabey, 85 N.Y.2d 417; People v. James, 198 A.D.2d 146, lv denied 83 N.Y.2d 106). The evidence fails to support defendant's argument that his accessorial liability extended, at most, to second-degree assault. We do not view the incident as divisible in the manner defendant suggests.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.