Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the judgment is affirmed.
The defendant's claim that the evidence was legally insufficient to sustain his conviction of assault in the first degree based on depraved indifference (see, Penal Law § 120.10 [3]), is not preserved for appellate review (see, CPL 470.05 [2]; People v Rodriguez,
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