People v. Call

Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminally negligent homicide, as a lesser included offense of the crime of murder in the second degree, and assault in the third degree. We have weighed the probative strength of the conflicting testimony at trial and the relative strength of the conflicting inferences that, may be drawn from that testimony (see, People v Bleakley, 69 NY2d 490, 495) and conclude that the conviction for criminally negligent homicide was not against the weight of the evidence.

Because defendant was charged with depraved indifference murder…