Opinion
March 23, 1987
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the judgment is affirmed.
Viewing the evidence, as we must, in the light most favorable to the People (see, e.g., People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the jury could reasonably have inferred from the conduct of the defendant and the surrounding circumstances that the defendant fatally shot the deceased victim with the intent of robbing him (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Bracey, 41 N.Y.2d 296, 301). Sufficient evidence therefore existed to establish the requisite mental culpability for the crime of felony murder (see, Penal Law § 125.25) beyond a reasonable doubt (see, People v. Barnes, supra, at 381; People v. Joyner, 26 N.Y.2d 106; People v Skinner, 102 A.D.2d 899).
The defendant's claims of error with respect to the People's summation and the trial court's charge are not preserved for review as a matter of law (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467, 471).
The sentence imposed was commensurate with the senseless and depraved nature of the crimes committed by the defendant, and no cause exists for us to substitute our discretion for that of the sentencing court.
The defendant's remaining claims are either unpreserved for review as a matter of law or without merit. Brown, J.P., Lawrence, Eiber and Sullivan, JJ., concur.