People v. Tran

OPINION OF THE COURT

Richard L. Buchter, J.

The defendant, Ricky Tran, moves, inter alia, pursuant to CPL 330.30 (1) for an order reducing the defendant’s conviction of assault in the first degree (Penal Law § 120.10 [2]). The issue presented herein is whether the evidence adduced at trial is legally sufficient to support the jury’s verdict in regard to that count.

*718The pertinent facts of the case are as follows: in the early morning hours of July 5, 1999, the defendant, Ricky Tran, fired a number of shots at Alex Chan, striking him in his right arm, slightly above the elbow, leaving a flesh…