Ordered that the judgment is affirmed.
The defendant was indicted for both intentional murder (see Penal Law § 125.25 [1]) and depraved indifference murder (see Penal Law § 125.25 [2]) in connection with the shooting and death of David Garcia on or about July 18, 2001. The defendant moved for dismissal of the depraved indifference count of the indictment at the close of the People's case and at the close of all evidence on the ground that the...
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