Opinion
Submitted October 24, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered June 26, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Elizabeth Manning of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Adam Charnoff, and Bruce Seeliger of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant' s contention that the evidence was legally insufficent because it was more consistent with intentional murder rather than depraved indifference murder is unpreserved for appellate review (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Fama, 212 A.D.2d 542) and, in any event, is without merit (see, People v. Artis, 220 A.D.2d 441; People v. Tankleff, 199 A.D.2d 550).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).