Opinion
2000-10564
Submitted April 11, 2003.
May 27, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered November 15, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a resonable doubt because it was more consistent with intentional murder than depraved indifference murder is unpreserved for appellate review (see CPL 470.05[2]; People v. Bynum, 70 N.Y.2d 858; People v. Ferguson, 240 A.D.2d 510; People v. Fama, 212 A.D.2d 542), and, in any event, is without merit (see People v. Sanchez, 98 N.Y.2d 373; People v. Crawford, 295 A.D.2d 361; People v. Flowers, 289 A.D.2d 504; People v. Lyons, 280 A.D.2d 926; People v. Tankleff, 199 A.D.2d 550, affd 84 N.Y.2d 992; People v. Abney, 173 A.D.2d 545).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SANTUCCI, J.P., SMITH, McGINITY and SCHMIDT, JJ., concur.