Opinion
April 25, 1997
Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was insufficient to warrant submission of the count charging depraved mind murder (Penal Law § 125.25) to the jury. That contention is unpreserved for our review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10), and we decline to exercise our power to address it as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Supreme Court, Monroe County, Sirkin, J. — Murder, 2nd Degree.)