Opinion
02-01-2017
The PEOPLE, etc., respondent, v. Theodore WILSON, appellant.
Lynn W.L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Sharon Y. Brodt of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered March 4, 2014, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), the People adduced legally sufficient evidence to support the defendant's conviction of assault in the first degree under Penal Law § 120.10(3) beyond a reasonable doubt, as the evidence of the defendant's conduct supported a finding of depraved indifference (see People v. Suarez, 6 N.Y.3d 202, 212, 811 N.Y.S.2d 267, 844 N.E.2d 721 ; People v. Nelligan, 135 A.D.3d 1075, 1077–1078, 22 N.Y.S.3d 697 ; People v. Nunez, 51 A.D.3d 1398, 1399, 857 N.Y.S.2d 854 ). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence.
The defendant failed to preserve for appellate review his contention that the verdict is repugnant (see People v. Carter, 7 N.Y.3d 875, 876, 826 N.Y.S.2d 588, 860 N.E.2d 50 ; People v. Brooks, 139 A.D.3d 1391, 1394, 31 N.Y.S.3d 372 ; People v. Summerville, 138 A.D.3d 897, 898, 29 N.Y.S.3d 487 ). In any event, the verdict was not repugnant (see Matter of Suarez v. Byrne, 10 N.Y.3d 523, 541, 860 N.Y.S.2d 439, 890 N.E.2d 201 ; People v. Trappier, 87 N.Y.2d 55, 59, 637 N.Y.S.2d 352, 660 N.E.2d 1131 ; Matter of Shalick M., 133 A.D.3d 413, 18 N.Y.S.3d 541 ).
The defendant's remaining contention is without merit.
RIVERA, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.