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PEOPLE, res, v. ELVIO FEOLA, def-ap

4848. PEOPLE, res, v. ELVIO FEOLA, def-ap — David K. Bertan, Bronx, for ap — Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered November 22, 2013, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 18 years, unanimously affirmed.

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4848. PEOPLE, res, v. ELVIO FEOLA, def-ap — David K. Bertan, Bronx, for ap — Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered November 22, 2013, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 18 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence, and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. There was ample evidence to support the inference that defendant shot the victim, and was not merely present. The evidence showed that defendant punched the victim, who was fighting with an acquaintance of defendant, that the victim was then shot on his right side, consistent with where defendant would have been standing if he fired the shot, that the victim’s then-girlfriend shouted that defendant had shot the victim, that defendant then handed a revolver to a friend at the scene, and that his DNA was found on the weapon, whereas the DNA of other bystanders, including the man initially charged with the shooting, was not.

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