Opinion
Argued October 21, 2008.
Decided November 25, 2008.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 12, 2007. The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Caesar Cirigliano, J.), which had convicted defendant, upon a jury verdict, of murder in the second degree.
People v Castellano, 41 AD3d 184, affirmed.
Patterson Belknap Webb Tyler LLP, New York City ( Matthew J. Shepherd, Lisa E. Cleary, Norman Kee and Leonard Braman of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx ( Mary Jo Blanchard, Joseph N. Ferdenzi, Karen Swiger and Lawrence H. Cunningham of counsel), for respondent.
OPINION OF THE COURT
Order affirmed. Defendant's argument that the evidence presented at trial was insufficient to support his conviction for depraved indifference murder is unpreserved for this Court's review ( see People v Hawkins, 11 NY3d 484 [decided today]).
Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.