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PEOPLE v. GARBUTT

9 A.D.3d 255 (2004)

780 N.Y.S.2d 126

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON GARBUTT, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 2004.

Defendant's argument that his conduct clearly constituted intentional murder and did not support a finding of recklessness as required for depraved indifference murder is unpreserved (People v Gray, 86 N.Y.2d 10 [1995]; see also People v Padro, 75 N.Y.2d 820 [1990]). Moreover, at trial, defendant argued that his conduct was simply reckless, not evidencing a depraved indifference to human...

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