Opinion
Argued June 6, 1980
Decided June 26, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH R. CORSO, J.
Harold M. Brown for appellant.
Eugene Gold, District Attorney (Michael J. Halberstam of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The evidence before the jury consisting of the statement of the eyewitness, the medical examiner, as well as the defendant's own statements, even though inconsistent in some measure, were, nevertheless, sufficient to prove the guilt of the defendant beyond a reasonable doubt, if viewed most favorable to the People as we are bound to do on this appeal (People v Lagana, 36 N.Y.2d 71, 73, cert den 424 U.S. 942).
We have examined the defendant's other contentions and find them to be without merit.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.