Opinion
June 19, 1995
Appeal from the Supreme Court, Queens County (Hanophy, J.).
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 murder in the second degree beyond a reasonable doubt. The jury rationally inferred that the defendant intended to kill the deceased notwithstanding the possibility that he may not have fired the fatal shot (see, People v. Braithwaite, 63 N.Y.2d 839; People v. White, 162 A.D.2d 646; People v. Oquendo, 147 A.D.2d 506). 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).
It was not error for the court to refuse to charge the jury on the defense of justification because no reasonable view of the evidence supported that defense (see, People v. Butts, 72 N.Y.2d 746; People v. Watts, 57 N.Y.2d 299). Further, the limits placed by the court upon the scope of defense counsel's cross-examination of several witnesses did not deprive the defendant of effective cross-examination as the court only prevented examination on collateral or irrelevant topics (see, People v. McGriff, 201 A.D.2d 672; People v. Ashner, 190 A.D.2d 238, 246; People v. Anderson, 168 A.D.2d 624).
The court's interference with defense counsel's summation did not constitute error because the court merely sustained the People's objections to remarks which were either speculative or were not fair comment on the evidence (see, People v. Anderson, 199 A.D.2d 514). Moreover, the court's conduct was provoked by defense counsel's disregard for its prior evidentiary rulings (see, People v. Cuba, 154 A.D.2d 703).
The defendant's remaining contentions are without merit. Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.