2 No. 117
The People &c.,
Respondent, v. Martin Finger,
Appellant.
2000 NY Int. 93
October 12, 2000
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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 NY2d 10, 19-21; People v Bynum, , 70 NY2d 858, 859).
Defendant's remaining contention is without merit.