People v. Johnson, 22 A.D.3d 601

Ordered that the judgment is affirmed.

The defendant‘s contention that the evidence was legally insufficient to support his conviction of depraved indifference murder (see Penal Law § 125.25 [2]; People v Payne, 3 NY3d 266 [2004]) is not preserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Gutierrez, 15 AD3d 502 [2005], lv denied 5 NY3d 763 [2005]), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]; [6] [a]; People v Gutierrez, supra).

The defendant‘s remaining contentions are without merit.

Prudenti, P.J., H. Miller, Spolzino and Lunn, JJ., concur.

Case Details

Case Name: People v. Johnson

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Oct 11, 2005

Citations: 22 A.D.3d 601; 801 N.Y.S.2d 755

Court Abbreviation: N.Y. App. Div.