People v. Smith

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered January 11, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was indicted under an accomplice theory for felony murder for the robbery and shooting death of a livery cab driver. The defendant contends that he is entitled to reversal because the circumstantial evidence was legally insufficient to warrant conviction. We disagree.

Viewing the evidence in a light most favorable to the People (see,…