People v. Elliott

—Judgment unanimously affirmed. Memorandum: Defendant was convicted of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) in connection with the death of his girlfriend. The evidence, viewed in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), establishes that the cause of death was strangulation. Contrary to defendant’s contention, evidence of death by strangulation is legally sufficient to support a conviction of depraved indifference murder (see, People v Soto, 240 AD2d 768, Iv denied 90 NY2d 911; People v De Jac, 219…