PEOPLE v. JOHNSON

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction of depraved indifference murder ( see Penal Law § 125.25; People v. Payne, 3 NY3d 266) is not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10, 19; People v. Gutierrez, 15 AD3d 502, lv denied 5 NY3d 763), and we decline to reach the issue in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]; [6] [a]; People v. Gutierrez, supra).

The defendant's remaining contentions are without merit.