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PEOPLE v. GEORGE

11 N.Y.3d 848 (2008)

2008 NY Slip Op 09251

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. RAYMOND C. GEORGE, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 25, 2008.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C., Albany (David J. Wukitsch of counsel), for respondent-appellant.

James Sacket, District Attorney, Schoharie, for appellant-respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Contrary to the People's contention, defendant properly preserved for our review his challenge to the legal sufficiency of his depraved indifference murder conviction (see People v Hawkins, 11 N.Y.3d 484 [2008] [decided today]).

The Appellate Division properly evaluated defendant's sufficiency challenge in light...

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