Opinion
2001-04013.
Decided December 15, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered April 24, 2001, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Before: WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of depraved indifference murder is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Ferguson, 240 A.D.2d 510, 511; People v. Fama, 212 A.D.2d 542, 543). 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 of that crime 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, 362; People v. Flowers, 289 A.D.2d 504; People v. Tankleff, 199 A.D.2d 550, 553-554, affd 84 N.Y.2d 992; cf. People v. Hafeez, 100 N.Y.2d 253, 258-259).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.