People v Castellano

People v Castellano 2008 NY Slip Op 09252 [11 NY3d 850] November 25, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 4, 2009

[*1] The People of the State of New York, Respondent,
v
Roberto Castellano, Also Known as Roberto Castelan, Appellant.

Argued October 21, 2008; decided November 25, 2008

People v Castellano, 41 AD3d 184, affirmed.

APPEARANCES OF COUNSEL

Patterson Belknap Webb & Tyler LLP, New York City (Matthew J. Shepherd, Lisa E. Cleary, Norman Kee and Leonard Braman of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Mary Jo Blanchard, Joseph N. Ferdenzi, Karen Swiger and Lawrence H. Cunningham of counsel), for respondent.

{**11 NY3d at 850} OPINION OF THE COURT

Order affirmed. Defendant's argument that the evidence presented at trial was insufficient to support his conviction for{**11 NY3d at 851} depraved indifference murder is unpreserved for this Court's review (see People v Hawkins, 11 NY3d 484 [2008] [decided today]).

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.