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THE PEOPLE, ETC., RESPONDENT, v. PADRAIC KEATING, APPELLANT. (IND. NO. 483/95)

ORDERED that the judgment is affirmed.

The defendant contends that his conviction for murder in the second degree was not supported by legally sufficient evidence. Generally, the assessment of the objective circumstances demonstrating a defendant's depraved indifference to human life is a qualitative judgment to be made by the trier of fact (see, People v. Soto, 240 A.D.2d 768, 769). The facts in this case clearly establish that the defendant not only acted recklessly, but with a depraved indifference to human life (see, People v. Gomez, 65 N.Y.2d 9, 11-13; People v. Walker, 258 A.D.2d 541; People v. Soto, supra, at 769; People v. Kirkpatrick, 177 A.D.2d 508, 509; People v. Cordero, 177 A.D.2d 499). Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

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

ALTMAN, J.P., LUCIANO, H. MILLER and SMITH, JJ., concur.

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PEOPLE v. KEATING
(May 21, 2001)