Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered October 27, 2005, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The prosecution’s theory at trial was that, in retaliation for a prior attack on the defendant’s uncle, the defendant repeatedly shot at the unarmed victim and his brother as they fled. The victim was hit in the back by one of the bullets and subsequently died. The defendant was charged with, and convicted of, inter alia, manslaughter in the first degree and reckless endangerment in the first degree.
The defendant objected to the simultaneous submission of the
Moreover, although the defendant does not challenge the legal sufficiency of the evidence, or contend that the verdict of guilt was against the weight of the evidence, we note that in weighing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Cooper, 88 NY2d 1056, 1058 [1996]; People v Noble, 86 NY2d 814, 815 [1995]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant’s remaining contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Odubogun, 36 AD3d 942 [2007]) and we decline to review it in the exercise of our interest of justice jurisdiction. Prudenti, P.J., Fisher, Florio and McCarthy, JJ., concur.