Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law §§ 20.00, 125.25 [1]). A witness testified at trial that she observed a vehicle drive into a ditch shortly after 2:00 A.M. on July 12, 1996, in a rural area. The witness drove to a nearby house and called 911 for assistance and, while waiting for the police to arrive, observed the vehicle
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