Ordered that the judgment is affirmed.
The defendant's contention that it was error to submit to the jury a count of depraved indifference murder (see Penal Law § 125.25 [2]) as an alternative to intentional murder (see Penal Law § 125.25 [1]) is foreclosed because the defendant was convicted of intentional murder and the jury, pursuant to the court's instructions, did not consider the depraved indifference murder count (see People v Griffin...
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