Opinion
Argued September 21, 1999
November 1, 1999
Susan B. Marhoffer, Mt. Kisco, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (John J. Hughes and Paul Harnisch of counsel), for respondent.
SONDRA MILLER, J.P., DAVID S. RITTER, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered December 20, 1996, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant' s guilt of depraved indifference murder beyond a reasonable doubt. Moreover, upon the exercise of our factual review power we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).
S. MILLER, J.P., RITTER, FLORIO, and H. MILLER, JJ., concur.