PEOPLE v. MODESTO

ORDERED that the judgment and the resentence are affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant was one of numerous gang members who perpetrated a vicious fatal assault upon an individual believed to be a member of a rival gang. Although the appellant was not among the assailants using knives or ice picks, the evidence nevertheless established that he shared a community of purpose with his fellow gang members ( see, People v. Cabey, 85 N.Y.2d 417; People v. Allah, 71 N.Y.2d 830). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).

The appellant's remaining contentions are without merit ( see, People v. Ramos, 262 A.D.2d 587 [Appellate Division Docket No 97-05353, decided herewith]).