Ordered that the judgment is affirmed.
The defendant was indicted for two counts of murder in the second degree, i.e., intentional and depraved indifference murder (Penal Law § 125.25 [1], [2]). He was convicted of depraved indifference murder. On appeal, the defendant maintains that because the prosecutor's opening statement to the jury failed to mention the depraved indifference count of the indictment
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