November 25, 2008
THE PEOPLE & C., APPELLANT-RESPONDENT,
RAYMOND C. GEORGE, RESPONDENT-APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
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, __ NY3d __ [decided today]).
The Appellate Division properly evaluated defendant's sufficiency challenge in light of our current decisional law on depraved indifference murder (see People v Jean-Baptiste, ___ NY3d ___ [decided herewith]). We agree with the Appellate Division that the evidence was insufficient to establish that defendant acted with depraved indifference to human life, but was legally sufficient to convict him of the lesser included offense of manslaughter in the second degree (Penal Law § 125.15 ).
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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