PEOPLE v. BARCLIFF

Ordered that the judgment is affirmed.

The defendant's contention that he could have been convicted only of intentional murder ( see Penal Law § 125.25), and 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]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.