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PEOPLE v. MILLER

10265, 2584/00.

107 A.D.3d 406 (2013)

966 N.Y.S.2d 88

2013 NY Slip Op 3943

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR MILLER, Appellant.

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

Decided June 4, 2013.

Defendant's legal sufficiency claim, including his related claim concerning the court's charge on depraved indifference, is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]).

Defendant concedes that his conduct was reckless...

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