Opinion
June 24, 1985
Appeal from the Supreme Court, Kings County (Meyerson, J.).
Judgment affirmed.
In the early morning hours of October 10, 1982, Fidel Morales was stabbed five times outside a bar in Brooklyn, New York, and died shortly thereafter. At trial, defendant's brother and codefendant, Raul Torres, admitted to stabbing Morales, but he did not recall how many times, and claimed that it was in self-defense. There is ample evidence in the record, including testimony that defendant approached Morales after the initial stabbing and joined in the altercation, to support a jury finding that defendant, with criminal negligence, acted in concert with his brother to cause the death of Morales (Penal Law § 20.00, 125.10 Penal; People v. Haney, 30 N.Y.2d 328, 334-335; People v Gramaglia, 71 A.D.2d 441, 443-444). Defendant's guilt was proven beyond a reasonable doubt ( People v. Contes, 60 N.Y.2d 620, 621).
We have reviewed defendant's remaining contention and find it to be without merit. Mangano, J.P., Bracken, Rubin and Kunzeman, JJ., concur.