Opinion
00-01261
Argued May 3, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Julie Sender of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellant review his contention that the pre-indictment delay deprived him of due process (see People v. Cedeno, 52 N.Y.2d 847, 848; People v. Champelle, 144 A.D.2d 378), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15).
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish that the defendant acted with depraved indifference (see People v. Roe, 74 N.Y.2d 20, 24; People v. Smith, 255 A.D.2d 404, 405; People v. Dellemand, 205 A.D.2d 551, 552). 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 470.15[5]).
ALTMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.