People v. Almestica

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered December 21, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On February 22, 1999, at approximately 2:00 a.m. on Ashburton Avenue in Yonkers, the defendant approached the car in which the victim was seated, reached into that car, grabbed a gun from another individual, and shot and killed the victim. At trial, the court allowed testimony that the…