Opinion
1999-09661
Submitted January 17, 2002.
February 6, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered October 7, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence regarding causation was legally insufficient is unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). 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 causal nexus between the injuries sustained by the victim in the attack and his death beyond a reasonable doubt (see, Matter of Anthony M., 63 N.Y.2d 270, 280-281; People v. Reese, 171 A.D.2d 555; People v. Watson, 158 A.D.2d 731). 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 Supreme Court's charge to the jury on causation, viewed as a whole, conveyed the proper legal standards to be applied (see, People v. Coleman, 70 N.Y.2d 817).
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.