DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 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 N.Y.2d 373; People v. Epps, 305 A.D.2d 697, lv denied 100 N.Y.2d 620; People v. Crawford, 295 A.D.2d 361; People v. Marsh, 140 A.D.2d 631). 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 contention that the results of gunshot residue tests were improperly admitted in evidence for the most part is unpreserved for appellate review, since the medical examiner gave extensive testimony with respect to those results without objection. In any event, we find that the test results were properly admitted ( see People v. Dingle, 170 A.D.2d 1009; People v. Spaight, 92 A.D.2d 734; see also People v. Cohen, 50 N.Y.2d 908; State of Connecticut v. Dontigney, 215 Conn. 646, 577 A.2d 1032) and if there was any error in the admission of additional testimony with respect to those tests the error was harmless ( see People v. Crimmins, 36 N.Y.2d 230).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.