Opinion
1997-09402.
December 29, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered September 19, 1997, convicting him of murder in the second degree, criminal contempt in the second degree, menacing in the third degree, and harassment in the second degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (William B. Carney of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel), for respondent.
Before: GLORIA GOLDSTEIN and WILLIAM F. MASTRO, JJ.
DECISION ORDER
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 depraved indifference murder beyond a reasonable doubt ( see People v. Sanchez, 98 N.Y.2d 373; People v. Epps, 305 A.D.2d 697, lv denied 100 N.Y.2d 620; People v. Crawford, 295 A.D.2d 361; People v. Marsh, 140 A.D.2d 631). 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).
The defendant's contention that the results of gunshot residue tests were improperly admitted in evidence for the most part is unpreserved for appellate review, since the medical examiner gave extensive testimony with respect to those results without objection. In any event, we find that the test results were properly admitted ( see People v. Dingle, 170 A.D.2d 1009; People v. Spaight, 92 A.D.2d 734; see also People v. Cohen, 50 N.Y.2d 908; State of Connecticut v. Dontigney, 215 Conn. 646, 577 A.2d 1032) and if there was any error in the admission of additional testimony with respect to those tests the error was harmless ( see People v. Crimmins, 36 N.Y.2d 230).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.