Contrary to defendant's claim on appeal, the evidence that defendant joined in the assault of the victim and later left the scene with his codefendant is at odds with his claim of temporary innocent possession, following his disarming of his codefendant (see, People v. Snyder, 73 N.Y.2d 900). While the sentencing proceedings reflect that trial counsel and the court misapprehended the minimum term to which defendant could be sentenced, inasmuch as the trial court did not indicate that it intended to impose a minimum term, defendant's claim is properly the subject of a CPL article 440 proceeding. Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495), since the overwhelming "evidence is utterly at odds with any claim of innocent possession [of the weapon]" (People v. Williams, 50 N.Y.2d 1043, 1045).
Also without merit is defendant's contention that Criminal Term intended to impose a lesser sentence, since review of the sentencing minutes leads unequivocally to the conclusion that Criminal Term intended to impose that sentence, which it is undisputed is in conformity with the provisions of the sentencing statute (Penal Law § 70.06 [d]; [4] [b]).
Concur — Murphy, P.J., Carro, Ross and Asch, JJ.