Ordered that the judgment is affirmed.
The defendant admitted to whirling around and firing one shot in the direction of a group of people following closely behind him, thereby killing a man. On appeal, he contends that the evidence presented by the People was legally insufficient to establish that he acted with depraved indifference to human life (see, Penal Law § 125.25 [2]). Initially, we find that the defendant's motion to dismiss at the close of the...
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