Opinion
1999-07369
Submitted January 4, 2002.
February 14, 2002.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered July 30, 1999, convicting him of assault in the first degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Richard L. Herzfeld, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
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 that the defendant was acting in concert with the codefendant (see, People v. Rossey, 89 N.Y.2d 970; People v. Cabey, 85 N.Y.2d 417; People v. Rivera, 84 N.Y.2d 766; People v. Jimenez, 245 A.D.2d 304; People v. McNeil, 228 A.D.2d 620, 621; People v. Boyd, 164 A.D.2d 800; cf., People v. Sanchez, 167 A.D.2d 489; People v. Torres, 153 A.D.2d 911, 912).
The defendant was not prejudiced by the trial court's added instruction on acting in concert (see, People v. Whatley, 69 N.Y.2d 784; People v. Foster, 282 A.D.2d 226), given in response to the jury's request for clarification (see, CPL 310.30).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
SMITH, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.