People v. Hill

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered May 24, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The fact that no witness could conclusively identify defendant as the assailant who initially hit the victim, knocking him to the ground, is of no moment since defendant’s guilt was based upon an acting in concert theory and the…