Opinion
February 24, 1992
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
The decedent's statement to police officers that the defendant shot him was admissible as a dying declaration, since at the time the statement was made the decedent was in extremis and under a sense of impending death without any hope of recovery (see, People v. Liccione, 63 A.D.2d 305, affd 50 N.Y.2d 850).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Thompson, J.P., Bracken, Ritter and Copertino, JJ., concur.