Opinion
December 11, 1995
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. There is no merit to the defendant's contention that the evidence failed to establish that the circumstances of his infant son's death evinced a depraved indifference to human life (see, Penal Law § 125.25; People v Brammer, 189 A.D.2d 885; see also, People v Roe, 74 N.Y.2d 20; People v Gomez, 65 N.Y.2d 9; People v Register, 60 N.Y.2d 270). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15). O'Brien, J.P., Pizzuto, Santucci and Joy, JJ., concur.