People v. Berry

—Carpinello, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered May 19, 2002, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, criminal use of a firearm in the first degree, assault in the first degree and criminal possession of a weapon in the third degree.

Defendant stands convicted of attempted murder in the second degree, criminal use of a firearm in the first degree, assault in the first degree and criminal possession of a weapon in the third degree following an incident in the early morning hours of December 2,…