Opinion
October 12, 2000.
Kristina Schwarz, for appellant.
Jonathan J. Silbermann, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant contends that the prosecution failed to present legally sufficient evidence that his reckless conduct occurred "under circumstances evincing a depraved indifference to human life" (Penal Law § 120.25). Defendant moved to dismiss on the ground "that the prosecution fail[ed] to prove each and every element of both counts of the indictment, beyond a reasonable doubt, as a matter of law." Defendant's general motion to dismiss is insufficient to preserve his argument for our review (see, People v Gray, 86 N.Y.2d 10, 19-21; People v Bynum, 70 N.Y.2d 858, 859). Defendant's remaining contention is without merit.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.