Opinion
Argued September 17, 2001.
October 15, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered June 29, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ernest J. Peace, Mineola, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N Y (Karen Wigle Weiss, Douglas Noll, and Alexis Kriedman of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the evidence was legally insufficient to establish his guilt of murder in the second degree based upon a theory of depraved indifference (see, CPL 470.05; People v. Stahl, 53 N.Y.2d 1048, 1050). 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. 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; People v. Gaimari, 176 N.Y. 84, 94; People v. Garafolo, 44 A.D.2d 86, 88).
BRACKEN, P.J., LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.