People v. Brathwaite

*841OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s conviction and sentence for depraved indifference murder and the consecutive sentences for his two convictions of felony murder reinstated, and the case remitted to the Appellate Division for consideration of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]).

Defendant was charged, in the fifth count of the indictment returned against him, with the depraved indifference murder (Penal Law, § 125.25, subd 2) of Antonio Gray, one of his accomplices in a robbery of a neighborhood…