Opinion
99-11698
Argued April 30, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 13, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ronald L. Kuby, New York, N.Y. (Daniel M. Perez of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Michael Gore of counsel), for respondent.
A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
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 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).
PRUDENTI, P.J., SMITH, FRIEDMANN and ADAMS, JJ., concur.