Opinion
Argued June 1, 2001.
July 9, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 28, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Shulamit Rosenblum, and Marie-Claude P. Wrenn of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
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 that it was legally sufficient to establish the defendant's guilt of depraved indifference murder beyond a reasonable doubt, either as a principal or under an acting in concert theory (see, People v. Brathwaite, 63 N.Y.2d 839; People v. Register, 60 N.Y.2d 270, cert denied 466 U.S. 953).
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; People v. Gaimari, 176 N.Y. 84; People v. Samuels, 203 A.D.2d 494).
O'BRIEN, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.