The court properly imposed a sentence for the murder conviction that was consecutive to the sentences for attempted murder and assault. Although defendant's first shot both killed the deceased victim and slightly wounded the surviving victim, defendant then moved closer to the assault victim and purposefully shot him, causing serious physical injury. This clearly constituted a separate and distinct act sufficient for the imposition of consecutive sentences (see, People v. Laureano, 87 N.Y.2d 640, 643; People v. Serrano, 256 A.D.2d 175, lv denied 93 N.Y.2d 878). We perceive no basis for reduction of sentence in the interest of justice.
The court was not required to instruct the jury in the specific language requested by defendant with respect to its consciousness of guilt and alibi charges. In each instance, the charge as a whole conveyed the proper standards. Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.