Opinion
2001-00073
Submitted September 20, 2002.
October 7, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered December 11, 2000, convicting him of manslaughter in the second degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Nicoletta J. Caferri of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his claim that the evidence was legally insufficient because the People failed to prove that he was aware that shaking his infant could result in her death (see CPL 470.05). In any event, 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 (see People v. Tang, 277 A.D.2d 474; People v. Haynes, 272 A.D.2d 413; People v. Kendall, 254 A.D.2d 809; People v. Goodridge, 251 A.D.2d 85). 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).
O'BRIEN, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.