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People v. Vega

291 A.D.2d 465 Court N.Y. App. Div. Decision date 2002-02-11 English

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p. 465
The People of the State of New York, Respondent, v Lionel Vega, Appellant.
[737 NYS2d 553]

—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.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 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 NY2d 970 ; People v Cabey, 85 NY2d 417 ; People v Rivera, 84 NY2d

p. 466
766 ; People v Jiminez, 245 AD2d 304 ; People v McNeil, 228 AD2d 620 , 621; People v Boyd, 164 AD2d 800 ; cf., People v Sanchez, 167 AD2d 489 ; People v Torres, 153 AD2d 911 , 912).

The defendant was not prejudiced by the trial court’s added instruction on acting in concert (see, People v Whatley, 69 NY2d 784 ; People v Foster, 282 AD2d 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 AD2d 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.

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