People v. Kirkpatrick

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hillery, J.), rendered February 10, 1987, convicting him of murder in the second degree (two counts), assault in the first degree, operating a motor vehicle under the influence of alcohol, and driving with ability impaired by alcohol, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant asserts, inter alia, that the trial evidence does not demonstrate, beyond a reasonable doubt, that his conduct rose to the level of evincing a depraved indifference to human…