Order of disposition,
The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The testimony of the two eyewitnesses, along with the physical evidence, supports the inference (see generally People v Bierenbaum, 301 AD2d 119, 131-140 [2002] , lv denied 99 NY2d 626 [2003], cert denied 540 US 821 [2003]) that appellant discharged a loaded firearm, endangering other persons.
As the presentment agency concedes, the court should have dismissed the fourth-degree weapon and third-degree menacing counts as lesser included offenses of third-degree possession of a weapon and second-degree menacing, respectively. Concur— Mazzarelli, J.P., Friedman, Marlow, McGuire and Malone, JJ.
