Opinion
3764.
Decided May 27, 2004.
Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered June 1, 2001, convicting defendant, after a jury trial, of murder in the second degree, manslaughter in the first degree, assault in the first degree (four counts) and criminal possession of a weapon in the second and third degrees, and sentencing him, to concurrent terms of 25 years to life, 25 years (five terms), 15 years and 7 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), for respondent.
Before: Nardelli, J.P., Lerner, Friedman, Marlow, Gonzalez, JJ.
Defendant's present claims regarding the jury charge and the constitutionality of the depraved indifference statutes are unpreserved ( see People v. Turriago, 90 N.Y.2d 77, 83-84), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them ( see People v. Mannix, 302 A.D.2d 297, lv denied 100 N.Y.2d 622; People v. Monserate, 256 A.D.2d 15, lv denied 93 N.Y.2d 855).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.