PEOPLE v. SHEARER

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).