Opinion
2004-05684.
May 2, 2006.
Appeal by the defendant from a judgment of the County Court, Westchester County (Walker, J.), rendered March 10, 2004, convicting him of murder in the second degree, upon his plea of guilty, and imposing a sentence.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jamie E. Fair, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Before: Florio, J.P., Miller, Adams and Skelos, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the circumstances surrounding his shooting of the victim in this case did not constitute depraved indifference murder ( see Penal Law § 125.25; People v. Suarez, 6 NY3d 202; People v. Payne, 3 NY3d 266), was forfeited by his plea of guilty to that crime ( see People v. Thomas, 53 NY2d 338).
The defendant's remaining contentions are unpreserved for appellate review ( see People v. Catts, 26 AD3d 341; People v. Fiori, 24 AD3d 687; People v. Burgess, 21 AD3d 904; People v. Richardson, 13 AD3d 561).