
    [900 NE2d 545, 872 NYS2d 64]
    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
    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.
   OPINION OF THE COURT

Order affirmed. Defendant’s argument that the evidence presented at trial was insufficient to support his conviction for 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.  