Opinion
December 30, 1991
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
The defendant argues that there was no direct proof of his guilt and that the circumstantial evidence against him was legally insufficient. We disagree. Viewing the evidence in the light most favorable to the People (see, People v Kennedy, 47 N.Y.2d 196, 203), and giving the People the benefit of every reasonable inference to be drawn therefrom (see, People v Lewis, 64 N.Y.2d 1111, 1112), we find that the circumstantial evidence was legally sufficient to establish the defendant's guilt of manslaughter in the second degree beyond a reasonable doubt (see, People v Kennedy, supra; People v Way, 59 N.Y.2d 361, 363). 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). Kunzeman, J.P., Sullivan, Eiber and O'Brien, JJ., concur.