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PEOPLE v. FREDERICK

60 A.D.3d 691 (2009)

874 N.Y.S.2d 547

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN FREDERICK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2009.

Ordered that the judgment is affirmed.

The defendant's contention that there was legally insufficient evidence that he acted with depraved indifference to support his conviction of reckless endangerment in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Finger, 95 N.Y.2d 894, 895 [2000]). In any event, viewing the evidence in the light most favorable to the prosecution (see People...

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