Opinion
June 27, 1994
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
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 15-year-old defendant's guilt of felony murder based on the underlying felony of burglary in the second degree (see, Penal Law § 30.00, 140.25 Penal; People v. Johnson, 185 A.D.2d 860; cf., People v. Smith, 152 A.D.2d 56). 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).
Credible evidence adduced at trial placed the defendant in the victim's apartment in February 1980, the month and year that she was found dead there, tied in a chair. The evidence further showed that the 95-pound, 70-year-old victim initially invited the defendant into her apartment. The defendant's authorization to lawfully remain in the apartment terminated, however, when she took the victim's money, and then hit her in the face with a shoe and tied her up with electrical cord when the victim threatened to call the police (see, People v. Gaines, 74 N.Y.2d 358, 363; People v. DeLarosa, 172 A.D.2d 156, 157). The victim died of a heart attack caused by the stress and fright associated with the defendant's attack upon her. With her death, all of the elements of felony murder were satisfied.
We have examined the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Balletta, Copertino and Santucci, JJ., concur.