Majority
—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
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.
Cases cited
- People v. Contes 60 NY2d 620 p. 465
- People v. Rossey 89 NY2d 970 p. 465
- People v. Cabey 85 NY2d 417 p. 465
- People v. Boyd 164 AD2d 800 p. 466
- People v. Torres 153 AD2d 911 at 912 p. 466
- People v. Whatley 69 NY2d 784 p. 466
- People v. Foster 282 AD2d 226 p. 466
- People v. Suitte 90 AD2d 80 p. 466