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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NIKOLAOS KOTSOPOULOS, 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. 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.

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PEOPLE v. KOTSOPOULOS
(May 23, 2005)