Opinion
December 26, 1989
Appeal from the Supreme Court, Kings County (Lentol, 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 defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). The defendant's responsibility for the felony murder could be inferred by the jury from all the circumstances surrounding his entry into, and theft of money from, the victim's apartment (see, Matter of Anthony M., 63 N.Y.2d 270, 282; People v Barnes, 50 N.Y.2d 375; People v Castillo, 47 N.Y.2d 270; People v Alvarez, 118 A.D.2d 785, 786; People v Pippins, 107 A.D.2d 826).
The defendant's claim concerning the trial court's failure to sever his trial from that of his codefendant, and his claim that the trial court erred in admitting his codefendant's statement at trial are unpreserved for appellate review, and we decline to reach the issues in the exercise of our interest of justice jurisdiction (see, People v Russell, 71 N.Y.2d 1016; People v Walker, 71 N.Y.2d 1018, 1019).
In light of the defendant's criminal history, the nature of the crime which resulted in the senseless and brutal death of an 82-year-old woman for approximately $6, and the utter lack of remorse displayed by the defendant which was exhibited by his statements to the court following sentencing, we find that the sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80).
We have considered the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.