People v. Nickels

Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered June 13, 2005. The judgment convicted defendant, after a nonjury trial, of murder in. the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following a nonjury trial, of murder in the second degree (Penal Law § 125.25 [4] [depraved indifference murder of a person less than 11 years old]), defendant contends that the verdict is against the weight of the evidence. According to defendant,…