People v. Roe — 140 A.D.2d 724

Majority

p. 724

The People of the State of New York, Respondent, v Steven D. Roe, Appellant.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find the evidence was legally sufficient to establish the defendant’s guilt of the crime of murder in the second degree (depraved indifference to human life) beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The sentence imposed evinces neither an abuse of discretion nor a failure to observe sentencing principles on the part of

p. 725

the sentencing Judge, and does not warrant appellate modification (see, People v Suitte, 90 AD2d 80 , 86-87).

We have reviewed the defendant’s remaining contentions and find them to be either unpreserved for appellate review or without merit. Bracken, J. P., Kunzeman, Rubin and Spatt, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 724
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 at 86-87 p. 725