Opinion
April 9, 1996
Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).
Defendant was identified by two eyewitnesses as the person who shot the deceased in the abdomen at close range with a shotgun, and he confessed to his crime twice after having been advised of his Miranda rights. Defendant's argument that the verdict was based on legally insufficient evidence, or was against the weight of the evidence, is without merit ( People v. Bleakley, 69 N.Y.2d 490, 495).
The hearing court's findings that defendant's confessions were not coerced, and that Miranda warnings were given before defendant's statements were taken, are entitled to great deference ( People v. Prochilo, 41 N.Y.2d 759, 761) and we find no basis for disturbing those findings.
Evidence of prior fights between defendant and the deceased was properly admitted as background and was relevant to motive ( People v. Williams, 193 A.D.2d 408, lv denied 82 N.Y.2d 729). Defendant's sentence was not unduly harsh. We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.