People v. Chestnut

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered January 6, 1987, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

*718Ordered that the judgment is affirmed.

When the trial court charged intentional murder and depraved indifference murder in the conjunctive rather than in the alternative, this was proper under the state of the law as it then existed. Although this charge was later declared to be error (People v Gallagher, 69 NY2d 525), we find it to have been harmless in this case, as the defendant was…