Opinion
March 15, 1994
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference, we find it sufficient to establish, under an acting in concert theory, defendant's guilt beyond a reasonable doubt of first degree manslaughter and first degree reckless endangerment (see, People v. Rosario, 199 A.D.2d 92). Further, contrary to defendant's contention, we find that the court's charge on accomplice liability, as a whole, was balanced and conveyed the appropriate principles of law (see, People v. Jordan, 187 A.D.2d 731, lv denied 81 N.Y.2d 842; People v. Johnson, 181 A.D.2d 509, lv denied 81 N.Y.2d 763).
Finally, the sentence imposed on this active instigator and participant in the event was neither an abuse of discretion, nor excessive.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.