Opinion
June 6, 1988
Appeal from the Supreme Court, Queens County (Leahy, J.).
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 beyond a reasonable doubt. Contrary to the defendant's contentions, there is sufficient evidence in the record to support the trial court's conclusion that the defendant intended to kill his wife and thus was guilty of manslaughter in the first degree as defined in Penal Law § 125.20 (2). There is also sufficient evidence to warrant the conclusion that he intended to kill his stepson and stepdaughter. Moreover, upon our exercise of our factual review power, we find the guilty verdict was not against the weight of the evidence (CPL 470.15).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Weinstein, Eiber and Harwood, JJ., concur.