Opinion
October 7, 1985
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Judgment affirmed.
Upon viewing the evidence adduced in the light most favorable to the People, as we must (People v Malizia, 62 N.Y.2d 755, cert denied ___ US ___, 105 S Ct 327), it cannot be said that no rational trier of fact could have found beyond a reasonable doubt that defendant acted in concert with one St. Pierre and intentionally murdered and attempted to rob the victim (cf. People v Contes, 60 N.Y.2d 620). There was testimony in the record that defendant was present at the scene of the crime, shots were heard coming from his direction, a man fitting defendant's description was seen firing a gun into the jewelry store, defendant assisted St. Pierre in his escape, defendant and St. Pierre were seen running from the scene of the crime together, and defendant and St. Pierre were seen together before and after the crime. From these facts one could reasonably conclude that defendant acted in concert with St. Pierre and that he acted with the mental culpability required for the commission of the crimes charged. Contrary to defendant's contention on appeal, the People were not required to prove that defendant fired the fatal shot (see, People v Brathwaite, 63 N.Y.2d 839).
We have reviewed defendant's remaining contentions and find them to be either without merit or not preserved for our review. Lazer, J.P., O'Connor, Niehoff and Kooper, JJ., concur.