Opinion
July 8, 1996
Appeal from the Supreme Court, Queens County (Griffin, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly submitted the alternative count of depraved indifference murder to the jury ( see, CPL 300.40). 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 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 on that count was not against the weight of the evidence ( see, People v. Artis, 220 A.D.2d 441; CPL 470.15).
Under the circumstances of this case, the sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80). Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.