Opinion
May 27, 1997
Appeal from the County Court, Dutchess County (Dolan, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient 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 support the defendant's conviction of depraved indifference murder (see, Penal Law § 125.25). 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). The forensic pathologist testified that the decedent had been stabbed four times in the abdomen and upper abdomen and twice in the back. One wound to the upper abdomen struck with such force that it penetrated the decedent's heart and was fatal regardless of whether medical care was available. Further, there was testimony that the defendant and the decedent exchanged words shortly before the altercation and that the defendant struck the first blow. The jury, therefore, reasonably could have concluded that the defendant inflicted the fatal wounds and that he evinced a depraved indifference to human life ( see, e.g, People v. Morgan, 207 A.D.2d 501, affd 87 N.Y.2d 878; People v. Rivera, 205 A.D.2d 807; People v. Applegate, 176 A.D.2d 888).
The defendant's remaining contentions are without merit.
Miller, J.P., Ritter, Joy and Krausman, JJ., concur.