PEOPLE v. CANTY

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt of attempted murder in the second degree beyond a reasonable doubt, based upon an acting in concert theory (see People v. Allah, 71 N.Y.2d 830; People v. Harris, 241 A.D.2d 556, 557). Moreover, upon the exercise of our factual review power, we find that the verdict of guilt on that count was not against the weight of the evidence (see CPL 470.15).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.