Opinion
2001-05299.
December 27, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered May 9, 2001, convicting him of murder in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Before: Adams, J.P., S. Miller, Ritter and Rivera, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support a conviction of depraved indifference murder ( see Penal Law § 125.25; People v. Payne, 3 NY3d 266) is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10, 19), and we decline to reach it in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]; [6] [a]; People v. Kotsopoulos, 18 AD3d 781, lv denied 5 NY3d 807; People v. Barcliff, 18 AD3d 666, 667, lv denied 5 NY3d 785).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.