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PEOPLE v. FOLKES

43 A.D.3d 956 (2007)

841 N.Y.S.2d 365

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE FOLKES, Also Known as THEODORE BLACKSTOCK, Appellant.

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

Decided September 11, 2007.

Ordered that the judgment is affirmed.

The defendant's claim that the evidence was legally insufficient to establish his guilt of depraved indifference murder (see Penal Law § 125.25 [2]) is unpreserved for appellate review because the defendant's motion to dismiss for legal insufficiency was on the ground that his girlfriend's death was an accident, and not "`specifically directed' to the depraved indifference charge" (People v Hall,

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