Opinion
May 31, 1988
Appeal from the County Court, Westchester County (Best, 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 the evidence was legally sufficient to establish the defendant's guilt of the crime of murder in the second degree (depraved indifference to human life) beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed evinces neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge, and does not warrant appellate modification (see, People v Suitte, 90 A.D.2d 80, 86-87).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Bracken, J.P., Kunzeman, Rubin and Spatt, JJ., concur.