PEOPLE v. HOWZE

Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25 [depraved indifference murder]), arising out of the fatal shooting of a young woman. The victim was struck by a stray bullet that penetrated the window frame of her home during the course of a gunfight that had erupted outside her home. Because defendant did not object to the manner in which County Court investigated whether a recently sworn juror should be dismissed as grossly unqualified, his contention that the court's inquiry was insufficient has not been preserved for our review ( see, People v. Albert, 85 N.Y.2d 851, 852; People v Martinez, 224 A.D.2d 326, lv denied 88 N.Y.2d 989).

Viewing the evidence in the light most favorable to the People ( see, People v. Williams, 84 N.Y.2d 925, 926), we conclude that the objective circumstances surrounding defendant's conduct provide a sufficient basis for the jury to conclude that defendant's conduct displayed the requisite wanton indifference to human life necessary to sustain the conviction ( see, People v. Roe, 74 N.Y.2d 20, 25; People v. Jernatowski, 238 N.Y. 188; People v. Gray, 206 A.D.2d 883, 884, lv denied 84 N.Y.2d 867). Moreover, we are satisfied that the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).

Defendant's contention that the court's interested witness charge was erroneous is unpreserved for our review ( see, CPL 470.05), and we decline to exercise our power to address it as a matter of discretion in the interest of justice ( see, CPL 470.15[a]; People v. Perez, 213 A.D.2d 1050, lv denied 85 N.Y.2d 978).

Defendant's sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, Drury, J. — Murder, 2nd Degree.)