| People v Frederick |
| 2009 NY Slip Op 01664 [60 AD3d 691] |
| March 3, 2009 |
| Appellate Division, Second Department |
| 68—The People of the State of New York,Respondent, v Brian Frederick, Appellant. |
—[*1][*2] Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(DiBella, J.), rendered March 16, 2007, convicting him of criminal possession of a weapon in thesecond degree, criminal possession of a weapon in the third degree, reckless endangerment in thefirst degree, and reckless endangerment in the second degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that there was legally insufficient evidence that he acted withdepraved indifference to support his conviction of reckless endangerment in the first degree isunpreserved for appellate review (see CPL 470.05 [2]; People v Finger, 95 NY2d894, 895 [2000]). In any event, viewing the evidence in the light most favorable to theprosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legallysufficient to prove beyond a reasonable doubt that he acted with the culpable mental state ofdepraved indifference (see People vFeingold, 7 NY3d 288, 294 [2006]). Moreover, upon our independent review pursuantto CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of theevidence (see People v Romero, 7NY3d 633 [2006]). Spolzino, J.P., Santucci, Angiolillo and Eng, JJ., concur.