PEOPLE v. FERRER (1999)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered February 21, 1997, convicting him of criminal facilitation in the second degree and hindering prosecution in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of criminal facilitation in the second degree beyond a reasonable doubt.   The evidence showed that an individual named Chris attempted to hire the defendant to commit murder.   The defendant refused, but agreed to permit Chris to meet the victim in a building of which the defendant was the caretaker.   The defendant admitted that Chris showed him a gun and stated that a single shot should do it.   Chris also requested, and the defendant agreed, to have all of the other tenants leave the building while Chris met the victim in the building.   Thus, based on all of the evidence, it can be reasonably inferred that the defendant believed Chris was about to kill someone, and that the defendant purposefully rendered aid to Chris by providing him with a secluded place, which in fact aided Chris in the commission of the crime.

Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).

The sentence imposed was not excessive.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.