PEOPLE v. ENRIQUEZ

4944, 3378/07.

84 A.D.3d 440 (2011)

922 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARIEL ENRIQUEZ, Also Known as ARIEL HENRIQUEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2011.


Defendant did not preserve his claim that the evidence was legally insufficient to establish that he acted in concert with the person who actually shot the victim, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. Furthermore, in the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342

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