| People v Santos |
| 2005 NY Slip Op 06618 [21 AD3d 911] |
| September 6, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Manuel Santos, Appellant. |
—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered November 17, 2003, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second 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 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt, based on an acting-in-concert theory. 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 [5]). Florio, J.P., H. Miller, Ritter and Rivera, JJ., concur.