People v. Lavayen

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 28, 1990, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to prove his guilt beyond a reasonable doubt of the offense of depraved mind murder (see, Penal Law § 125.25 [2]). Viewing the circumstantial evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference to be drawn therefrom, we find that it was…