PEOPLE v. ALLEYNE (2025)

Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J.), rendered November 18, 2022, convicting defendant, after a jury trial, of one count of assault in the first degree and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate prison term of 18 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007];  see also People v. Baque, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2024 N.Y. Slip Op. 05244 [2024]).  There is no basis to disturb the jury's credibility determinations.  The evidence supported the conclusion that defendant drove the shooter to the scene, then drove only a short distance away and waited for less than two minutes while the shooting took place, then acted as a getaway driver after the shooter fired into the crowd, sharing the shooter's intent and jointly possessing the weapon (see e.g. People v. Moalawi, 195 A.D.3d 523, 523, 148 N.Y.S.3d 468 [1st Dept. 2021], lv denied 37 N.Y.3d 994, 152 N.Y.S.3d 424, 174 N.E.3d 364 [2021];  Matter of Tatiana N., 73 A.D.3d 186, 190–191, 899 N.Y.S.2d 21 [1st Dept. 2010];  People v. Velasquez, 44 A.D.3d 412, 412, 843 N.Y.S.2d 253 [1st Dept. 2007], lv denied 9 N.Y.3d 1040, 852 N.Y.S.2d 25, 881 N.E.2d 1212 [2008]).

The court providently exercised its discretion in denying defendant's motion to sever (see People v. Mahboubian, 74 N.Y.2d 174, 184, 544 N.Y.S.2d 769, 543 N.E.2d 34 [1989];  see also People v. Cardwell, 78 N.Y.2d 996, 998, 575 N.Y.S.2d 267, 580 N.E.2d 753 [1991]).  The court correctly determined that the codefendants’ proposed defenses were not irreconcilable.

Defendant's challenges to some of the prosecutor's comments on summation are unpreserved (see People v. Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89 [2006]), and we decline to consider them in the interest of justice.  As an alternative holding, we find no basis for reversal (People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993]).

We perceive no basis to reduce defendant's sentence.