Opinion
March 31, 1986
Appeal from the Supreme Court, Kings County (Fuchs, J.).
Judgment affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 621), we find that the jury could find, beyond a reasonable doubt, that the defendant possessed the intent to murder Arthur Green. Such intent could be inferred from the defendant's repeated firing of a gun in Green's direction shortly after an altercation the defendant had with Green and others, and immediately after the defendant twice shot and seriously injured Marjorie McDonald (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Horton, 18 N.Y.2d 355, 359, remittitur amended 19 N.Y.2d 600, 634, cert denied 387 U.S. 934; People v. O'Dell, 111 A.D.2d 937; People v Austin, 106 A.D.2d 859).
The defendant's unpreserved claim of error in the court's interested witness charge does not require a reversal in light of the strength of the evidence of guilt (cf. People v. Brabham, 77 A.D.2d 626). Nor do we find the defendant's sentence to be inappropriate. Lazer, J.P., Thompson, Niehoff and Kunzeman, JJ., concur.