658 N.Y.S.2d 998 | N.Y. App. Div. | 1997
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered October 21, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
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 [2]). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to support the defendant’s conviction of depraved indifference murder (see, Penal Law § 125.25 [2]). 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 [5]). The forensic
The defendant’s remaining contentions are without merit. Miller, J. P., Ritter, Joy and Krausman, JJ., concur.