Defendant's conviction of murder in the second degree was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's determinations concerning credibility. The evidence clearly warranted the conclusion that defendant shot and killed the deceased, notwithstanding that the body was discovered several hours later, a short distance away. Contrary to defendant's argument, the physical evidence corroborated the eyewitnesses' testimony.
The statement made to the police by the surviving victim while being treated at the hospital was properly admitted as an excited utterance, since the victim was still under the stress caused by his serious injuries (see, People v. Edwards, 47 N.Y.2d 493, 497).
We perceive no basis for reduction of sentence.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.