PEOPLE v. ILLIS

Ordered that the judgment is affirmed.

The trial court properly declined to dismiss the depraved indifference murder count ( see Penal Law § 125.25). Sufficient evidence was presented at trial to support the conclusion that the defendant acted recklessly and with depraved indifference to human life, rather than intentionally ( see People v. Sanchez, 98 NY2d 373; People v. Gallagher, 69 NY2d 525; People v. Register, 60 NY2d 270, 274, cert denied 466 US 953; cf. People v. Wall, 29 NY2d 863).

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 beyond a reasonable doubt. 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).

The defendant's trial counsel provided meaningful representation ( see People v. Benevento, 91 NY2d 708; People v. Baldi, 54 NY2d 137).