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PEOPLE v. MOORE

45 A.D.3d 873 (2007)

845 N.Y.S.2d 753

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABNER MOORE, Appellant.

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

Decided November 27, 2007.

Ordered that the judgment is affirmed.

The defendant's contention that his conviction of depraved indifference murder was not supported by legally sufficient evidence is not preserved for appellate review (see CPL 470.05 [2]; People v Petronio, 34 A.D.3d 602, 603 [2006]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the...

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