People v. Vega, 291 A.D.2d 465 (N.Y. App. Div. 2002). · Go Syfert
People v. Vega, 291 A.D.2d 465 (N.Y. App. Div. 2002). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Lionel Vega
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2002.
291 A.D.2d 465
2002 N.Y. App. Div. LEXIS 1608
Cited by 1 opinion  |  Published

—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[*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.