PEOPLE v. MILLS

ORDERED that the judgments and amended judgment are affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt under Indictment No. 11224/98 is without merit. Viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), it was legally sufficient to support a finding that the defendant acted with the intent to cause serious physical injury to the decedent, thereby establishing his guilt of manslaughter in the first degree beyond a reasonable doubt (see, Penal Law §§ 10.10[10], 125.20; People v. Mackey, 49 N.Y.2d 274; People v. Faison, 265 A.D.2d 422; People v. Struss, 228 A.D.2d 711). Moreover, upon our factual review power, we are satisfied that the verdict of guilt under Indictment No. 11224/98 was not against the weight of the evidence (see, CPL 470.15).

The sentences imposed upon the defendant are not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

O'BRIEN, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.