Opinion
2003-09318.
April 25, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered September 5, 2003, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Brendan O'Meara, Yonkers, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.
Before: Schmidt, J.P., Krausman, Crane and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support convictions of depraved indifference murder ( see Penal Law § 125.25; People v. Payne, 3 NY3d 266) and criminal possession of a weapon in the third degree ( see Penal Law § 265.02), is not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10, 19; People v. Gibbons, 15 AD3d 196; People v. Gutierrez, 15 AD3d 502), and we decline to reach the issue in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]; [6] [a]; People v. Gutierrez, supra).
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. Martin, 8 AD3d 883).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.