Opinion
June 9, 1997
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is affirmed.
Having made only a general motion for a trial order of dismissal, the defendant has failed to preserve for appellate review his present claim that the evidence was legally insufficient to support his conviction of depraved mind murder (Penal Law § 125.25; People v. Gray, 86 N.Y.2d 10; People v Stahl, 53 N.Y.2d 1048; People v. Tallarine, 223 A.D.2d 738). 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 establish the defendant's guilt beyond a reasonable doubt. 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).
Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ., concur.