Defendant's argument that the verdict convicting defendant of depraved indifference murder (Penal Law § 125.25 [2]) was not based on legally sufficient evidence is not preserved for appellate review. Were we to review it, we would reject it. The evidence established that defendant walked over to an ongoing fight between the victim and the codefendant, beat the victim on the head with a club-like metal flashlight for at least 20 to 45 seconds, hit him with sufficient...
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