PEOPLE v. EPPS

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a resonable doubt because it was more consistent with intentional murder than depraved indifference murder is unpreserved for appellate review (see CPL 470.05[2]; People v. Bynum, 70 N.Y.2d 858; People v. Ferguson, 240 A.D.2d 510; People v. Fama, 212 A.D.2d 542), and, in any event, is without merit (see People v. Sanchez, 98 N.Y.2d 373; People v. Crawford, 295 A.D.2d 361; People v. Flowers, 289 A.D.2d 504; People v. Lyons, 280 A.D.2d 926; People v. Tankleff, 199 A.D.2d 550, affd 84 N.Y.2d 992; People v. Abney, 173 A.D.2d 545).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SANTUCCI, J.P., SMITH, McGINITY and SCHMIDT, JJ., concur.