PEOPLE v. VAUGHN

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of depraved indifference murder is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Ferguson, 240 A.D.2d 510, 511; People v. Fama, 212 A.D.2d 542, 543). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of that crime beyond a reasonable doubt ( see People v. Sanchez, 98 N.Y.2d 373; People v. Epps, 305 A.D.2d 697, lv denied 100 N.Y.2d 620; People v. Crawford, 295 A.D.2d 361, 362; People v. Flowers, 289 A.D.2d 504; People v. Tankleff, 199 A.D.2d 550, 553-554, affd 84 N.Y.2d 992; cf. People v. Hafeez, 100 N.Y.2d 253, 258-259).

The defendant's remaining contentions are without merit.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.