OPINION OF THE COURT
FISHER, J.
On this appeal, the defendant challenges his conviction for depraved indifference murder (see Penal Law § 125.25 [2]). He argues that, although the evidence at the trial "may have demonstrated an intent to kill, it was inconsistent with a reckless act, and failed, as a matter of law, to prove the element of recklessness necessary for a conviction of depraved indifference...
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