Opinion
July 3, 1995
Appeal from the Supreme Court, Kings County (Kay, J.).
Ordered, that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( 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. Moreover, 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).
Contrary to the defendant's claim, the written instructions on the verdict sheet properly instructed the jury to consider the counts charging murder in the second degree and manslaughter in the first degree in the alternative, and to consider the counts charging criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree in the alternative ( see, CPL 310.20; People v. Cole, 85 N.Y.2d 990; People v. Andujar, 212 A.D.2d 1054; People v. Vargas, 199 A.D.2d 291; People v. Campbell, 170 A.D.2d 982; see also, People v Green, 199 A.D.2d 533; People v. McCray, 182 A.D.2d 838).
The defendant's remaining contentions are without merit. Rosenblatt, J.P., Ritter, Santucci and Krausman, JJ., concur.