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PEOPLE v. GUTIERREZ

15 A.D.3d 502 (2005)

790 N.Y.S.2d 493

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR GUTIERREZ, Appellant.

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

February 14, 2005.

Ordered that the judgment is affirmed.

The defendant's contention that he could only have been convicted of intentional murder (see Penal Law § 125.25 [1]) and that the evidence was legally insufficient to support a conviction of depraved indifference murder (see Penal Law § 125.25 [2]; People v Payne, 3 N.Y.3d 266 [2004]) is unpreserved for appellate review (see CPL 470.05 [2]; People v...

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