People v. Shearer

May 2, 2006
Versions:29 A.D.3d 608
813 N.Y.S.2d 308

Ordered that the judgment is affirmed.

The defendant‘s contention that the circumstances surrounding his shooting of the victim in this case did not constitute depraved indifference murder (see Penal Law § 125.25 [2]; People v Suarez, 6 NY3d 202 [2005]; People v Payne, 3 NY3d 266 [2004]), was forfeited by his plea of guilty to that crime (see People v Thomas, 53 NY2d 338 [1981]).

The defendant‘s remaining contentions are unpreserved for appellate review (see People v Catts, 26 AD3d 341 [2006]; People v Fiori, 24 AD3d 687 [2005]; People v Burgess, 21 AD3d 904 [2005]; People v Richardson, 13 AD3d 561 [2004]). Florio, J.P., Miller, Adams and Skelos, JJ., concur.