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PEOPLE v. WEBB

31 A.D.3d 796 (2006)

818 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER WEBB, Appellant.

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

July 25, 2006.

Ordered that the judgment is affirmed.

The defendant challenges his conviction of murder in the second degree (see Penal Law § 125.25 [2]). He argues, inter alia, that the evidence was legally insufficient to establish that he acted with a depraved indifference to human life. Rather, contrary to the statements he made in his second videotaped statement, the defendant contends that this act evinced an intent to kill (see People v Payne,

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