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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SCOTT, Appellant.

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.

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PEOPLE v. SCOTT
(Dec 27, 2005)