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PEOPLE v. SCOTT

Appellate Division of the Supreme Court of New York, Second Department.
Dec 27, 2005

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 ยง 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.