People v. Parsons

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered May 22, 1996, convicting him of murder in the second degree and criminal possession of a

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, we find that the trial court properly denied the defense counsel’s request for a justification charge since “no view of the evidence establishes the basic elements of the defense” (People v Watts, 57 NY2d 299 , 301; see also, People v Collice, 41 NY2d 906 ). Furthermore, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that the People presented sufficient evidence from which a rational jury could find that under circumstances evincing a depraved indifference to human life, the defendant recklessly engaged in conduct which created a grave risk of death to the decedent, and thereby caused the death of the decedent (see, Penal Law § 125.25 [2]; see, e.g., People v Rosario, 208 AD2d 961 ).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. O’Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.