Opinion
2000-06057
Submitted April 10, 2003.
April 28, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), dated June 7, 2000, convicting her of murder in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and tampering with physical evidence (two counts), upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Betsy Hutchings of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Sharon Y. Brodt of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, REINALDO E. RIVERA, 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 (see Penal Law § 125.25) beyond a reasonable doubt (see People v. Sanchez, 98 N.Y.2d 373, 378). 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).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
FLORIO, J.P., H. MILLER, ADAMS and RIVERA, JJ., concur.