People v. Zane

Judgment unanimously affirmed. Memorandum: The count of the indictment charging defendant with depraved indifference murder was not defective since it alleged the mental element in the words of the statute (see, People v Fitzgerald, 45 NY2d 574, 578, rearg denied 46 NY2d 837). Moreover, by pleading guilty, defendant waived any challenge to the sufficiency of the factual allegations in the indictment (see, People v Cohen, 52 NY2d 584, 587; People v Thompson, 132 AD2d 885, revd on other grounds 72 NY2d 410, rearg denied 73 NY2d 870).

The court properly denied defendant’s motion to dismiss the…