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PEOPLE v. ORTEGA

47 A.D.3d 485 (2008)

849 N.Y.S.2d 253

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDGAR ORTEGA, Appellant.

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

Decided January 17, 2008.

Defendant did not preserve his contention that there was legally insufficient evidence to support his conviction of depraved indifference murder, and we decline to review in the interest of justice. As an alternative holding (see Bell v Miller, 500 F.3d 149, 155 [2d Cir 2007]), we also reject it on the merits. At the time of defendant's trial, the focus of the element of depraved indifference to human life was an objective assessment...

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