Opinion
December 22, 1995
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), the evidence is sufficient to support the conviction of manslaughter in the second degree (Penal Law § 125.15), and the verdict is not contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The trial court properly admitted evidence regarding a death from a drug overdose that had occurred at defendant's apartment three months before the instant offense. That evidence is probative of defendant's awareness of the substantial and unjustifiable risk that death would occur as a result of the injection of heroin (see, Penal Law § 15.05; People v Kyser, 183 A.D.2d 238, 242-243, lv denied 81 N.Y.2d 888; People v Kenny, 175 A.D.2d 404, 406, lv denied 78 N.Y.2d 1012).