Opinion
2003-05790.
May 23, 2005.
Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered June 19, 2003, convicting him of murder in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Before: Florio, J.P., Santucci, Mastro and Spolzino, 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. Jagoo, 2 AD3d 750), and we decline to reach it in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]; [6] [a]).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.