PEOPLE v. SUMMERVILLE

Ordered that the judgment is affirmed.

The defendant's contention that the People failed to establish by legally sufficient evidence that he acted with depraved indifference ( see Penal Law § 125.25) is unpreserved for appellate review ( see People v. Finger, 95 NY2d 894, 895; People v. Johnson, 228 AD2d 521, 522). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of depraved indifference murder beyond a reasonable doubt ( see People v. Sanchez, 98 NY2d 373). The evidence produced at trial that the defendant fired a gun on a public street in the direction of at least two individuals, and in close proximity to several others, was legally sufficient to establish that he acted with a "depraved indifference to human life" ( People v. Robinson, 180 AD2d 767, 768; see People v. Millan, 155 AD2d 621, 622).

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

The defendant's remaining contentions, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.