Opinion
Argued October 12, 1999
November 15, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered April 18, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Jonathan Garelick and Lori Shellenberger of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, Kenneth V. Byrne, and Peter Mason of counsel), for respondent.
FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to support his conviction is unpreserved for appellate review ( see, CPL 470.05). In any event, 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 of depraved indifference murder beyond a reasonable doubt ( see, People v. White, 191 A.D.2d 604; People v. Sosa, 181 A.D.2d 532). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SANTUCCI, J.P., THOMPSON, SULLIVAN, and FRIEDMANN, JJ., concur.