Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminally negligent homicide (Penal Law § 125.10). Defendant punched an intoxicated victim in the head when the victim was not looking. The victim fell on a concrete curb and died as a result of a neck injury. Defendant's conviction is supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495; People v. Doty, 175 A.D.2d 564, lv denied 78 N.Y.2d 1127). Defendant concedes that his contention that the jury charge was inadequate and confusing is unpreserved for our review (see, CPL 470.05). In any event, that contention lacks merit (see generally, Penal Law § 15.05; § 125.10; People v. Boutin, 75 N.Y.2d 692, 695-696). The sentence is neither unduly harsh nor severe.