PEOPLE v. RIVERA

Appellate Division of the Supreme Court of New York, First Department.

May 27, 2004

Judgment

CaseIQ

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Defendant's present claims regarding the jury charge and the constitutionality of the depraved indifference statutes are unpreserved ( see People v. Turriago, 90 N.Y.2d 77, 83-84), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them ( see People v. Mannix, 302 A.D.2d 297, lv denied 100 N.Y.2d 622; People v. Monserate, 256 A.D.2d 15, lv denied 93 N.Y.2d 855).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.