People v. Barcliff

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered February 7, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he could have been convicted only of intentional murder (see Penal Law § 125.25 [1]), and that the evidence was legally insufficient to support a conviction *667of depraved indifference murder (see Penal Law § 125.25 [2]; People v Payne, 3 NY3d 266 [2004]) is unpreserved for appellate review (see CPL 470.05 [2]; People v…