Opinion
Argued April 19, 1999
June 1, 1999
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered October 21, 1997, convicting him of murder in the second degree, attempted robbery in the first degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee, Michael K. Degree, and David Frey of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in a light most favorable to the People ( 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. The jury's determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's contention that the trial court's charge on acting in concert was improper is without merit as the court's instruction clearly conveyed to the jury that the defendant must have possessed the intent to commit the crime of attempted robbery in the first degree ( see, People v. Jordan, 187 A.D.2d 731; People v. Wise, 135 A.D.2d 593; People v. Newton, 120 A.D.2d 751; Penal Law § 20.00).
The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).