Opinion
June 25, 1992
Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).
After sideswiping one car, defendant led police on a highspeed chase over several blocks, sideswiping other cars and racing through a construction site causing twenty workers to dive out of the way, before hitting the decedent and dragging him for 35 feet. Defendant kept driving, until he hit a bus, and then fled on foot, until apprehended. During the entire chase, defendant ran several red lights and stop signs, and never honked his horn or attempted to brake while speeding through the construction site. At the precinct, defendant was given Miranda warnings and admitted to having stolen the car.
We agree with the hearing court that although defendant was intoxicated, he was not so intoxicated as to be unable to comprehend the Miranda warnings that were given to him, and to knowingly and intelligently waive those rights (People v. Zito, 123 A.D.2d 799; People v. Shields, 125 A.D.2d 863).
Nor is there merit to defendant's contention that the evidence was insufficient as a matter of law to prove him guilty of depraved mind murder. Viewing the evidence in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 621), and giving due deference to the jury's findings with respect to the risks created by defendant's conduct (People v. Licitra, 47 N.Y.2d 554), the People proved beyond a reasonable doubt that defendant's conduct evinced a depraved indifference to human life (Penal Law § 125.25), and no basis exists to reduce the conviction to manslaughter in the second degree (see, People v Gomez, 65 N.Y.2d 9; see generally, People v. Register, 60 N.Y.2d 270, cert denied 466 U.S. 953).
We have reviewed defendant's contention that the sentence is excessive, and find it to be without merit.
Concur — Wallach, J.P., Asch, Kassal and Rubin, JJ.