PEOPLE v. SIERRA (2000)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered April 30, 1998, convicting him of criminally negligent homicide and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The evidence established that the defendant cocked the bolt of a semi-automatic assault weapon while pointing it toward the hallway in a house full of children and adults.   The gun discharged and the bullet struck 17-year-old Dimas Perez in the head, killing him.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of criminally negligent homicide beyond a reasonable doubt (see, People v. Roe, 74 N.Y.2d 20, 23, 544 N.Y.S.2d 297, 542 N.E.2d 610).   Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.