Opinion
April 21, 1986
Appeal from the Supreme Court, Westchester County (McNab, J.).
Judgment affirmed.
We find that the People proved beyond a reasonable doubt that the defendant was responsible for the death of his 22-month-old stepson. Viewed in the light most favorable to the People, the evidence established that the defendant held his stepson in a bathtub full of scalding water long enough to cause second and third degree burns to the child on 90% of his body, which injuries subsequently resulted in the child's death. We further find that this conduct evidenced a depraved indifference to human life and was conduct which presented a grave risk of death to the child. Accordingly, it was proper for the court to find the defendant guilty of depraved indifference murder rather than manslaughter (see, People v. Register, 60 N.Y.2d 270, cert denied 466 U.S. 953; People v. McNeeley, 77 A.D.2d 205).
The defendant's other contentions are meritless. Niehoff, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.