Opinion
August 16, 1993
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove their case beyond a reasonable doubt. We disagree. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Based on the testimony of the witnesses who testified that they saw the shooting, the jury was within its province in concluding that the defendant shot the victim four times while robbing him.
Additionally, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Rosenblatt, Pizzuto and Santucci, JJ., concur.