—Judgment, Supreme Court, New York County (Harold Rothwax, J., at suppression hearing; Renеe White, J., at jury trial and sentence), rеndered July 17, 1995, convicting defendant of assault in the first degree and endangering thе welfare of a child, and sentenсing him to concurrent prison terms of 5 tо 15 years and 1 year, respectively, unanimously affirmed.
The verdict was basеd on legally sufficient evidence and was not against the weight of the evidence. Given the jury’s credibility determinations and evaluation of expert testimony, which we see no reason tо disturb, there was overwhelming circumstantial evidence of guilt. The three month оld child was healthy when left alone in defendant’s sole care and the medical experts unanimously conсluded that it became injured as a rеsult of shaken baby syndrome. Defendant’s brutаl conduct constituted the kind of recklessness involving a depraved indifference to human life (People v Cole,
The limitations placed on defense counsel’s cross-examination of a deteсtive at the suppression hearing were proper exercises of discretion in light of the repetitive аnd irrelevant nature of the questions рosed (see, People v DeJohn,
Defеndant has failed to preserve his сhallenges to the prosecutor’s opening statement and summation аnd we decline to review them in the interest of justice. Were we to reviеw these claims, we would find that the challenged remarks do not warrant reversal (see, People v D'Alessandro,
We perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.