Opinion
Decided December 14, 2006.
APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered May 18, 2006. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Albany County Court (Stephen W. Herrick, J.), which had convicted defendant, upon a jury verdict, of murder in the second degree.
After a jury trial, defendant was acquitted of intentional murder and found guilty of depraved indifference murder.
The Appellate Division majority concluded that upon review of the trial evidence, in conjunction with the definition of depraved indifference as charged to the jury, the verdict was not against the weight of the evidence.
People v. Parker, 29 AD3d 1161, affirmed.
Paul J. Connolly, Delmar, for appellant.
P. David Soares, District Attorney, Albany ( Laura Conley O'Hanlon of counsel), for respondent.
Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ, SMITH and PIGOTT.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed. Defendant's claim that the evidence was legally insufficient to support the verdict is unpreserved, his claim that the verdict was against the weight of the evidence is beyond our power to review, and his ineffective assistance of counsel claim is without merit.