Opinion
Argued February 22, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered May 22, 1996, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Pamela Peters of counsel), for appellant, and appellant pro se.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and David Frey of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the defendant, we find that the trial court properly denied the defense counsel's request for a justification charge since "no view of the evidence establishes the basic elements of the defense" (People v. Watts, 57 N.Y.2d 299 ; see also, People v. Collice, 41 N.Y.2d 906 ). Furthermore, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that the People presented sufficient evidence from which a rational jury could find that under circumstances evincing a depraved indifference to human life, the defendant recklessly engaged in conduct which created a grave risk of death to the decedent, and thereby caused the death of the decedent (see, Penal Law §§ 125.25 Penal[2]; see, e.g., People v. Rosario, 208 A.D.2d 961 ).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
O'BRIEN, J.P., RITTER, SULLIVAN, and SMITH, JJ., concur.