Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered April 17, 2007, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), reckless endangerment in the first degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, there was sufficient evidence to support his conviction of reckless endangerment in the first degree. This is not a case in which the defendant’s conduct could only be interpreted as intentional (cf. People v Payne, 3 NY3d 266, 271 [2004]). Rather, based on the evidence presented in this case, a rational jury could have concluded that, in firing a gun in the direction of the complainants’ retreating car, without actually hitting the car or its occupants with any bullets, the defendant created a grave risk of death under circumstances evincing a depraved indifference to human life, but did not specifically intend to kill or injure the complainants.
The defendant’s argument that the verdict was repugnant is unpreserved for appellate review because he failed to raise the issue before the jury was discharged, when the defect could
Despite the defendant’s disagreement with the “reasonable and legitimate strategy” employed by his counsel, he was not denied the effective assistance of counsel (People v Benevento, 91 NY2d 708, 713 [1998]; see People v Henry, 95 NY2d 563, 565 [2000]).
The defendant’s remaining contentions are without merit. Rivera, J.P, Angiolillo, Garni and McCarthy, JJ., concur.