People v. Albert

*968OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who has been convicted of the crime of depraved indifference murder and other charges, pursuant to CPL 330.30 (1) to vacate his conviction on that count, upon the ground that the verdict of the jury was repugnant.

The evidence adduced at the trial relative to this particular charge demonstrated that the defendant fired multiple shots from a handgun, causing serious physical injury to one victim and fatally injuring the second victim. As a result of the second victim’s death, the defendant was indicted for the crimes…