Opinion
December 30, 1996.
Judgment unanimously affirmed.
Present — Green, J.P., Pine, Lawton, Doerr and Boehm, JJ.
We conclude that defendant's conviction is supported by legally sufficient evidence and is not against the weight of the evidence ( see, People v Bleakley, 69 NY2d 490, 495). The jury's verdict flowed naturally from the facts proven, which as a whole excluded to a moral certainty every reasonable hypothesis of innocence (see, People v Ford, 66 NY2d 428, 441-442; People v Peck, 192 AD2d 746, 747; People v Stanley, 135 AD2d 910). Upon our review of the evidence, the law and the circumstances of this case, we further conclude that the representation received by defendant was meaningful (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 147; People v Pennington, 217 AD2d 919, lv denied 87 NY2d 906; People v Trait, 139 AD2d 937, 938, Iv denied 72 NY2d 867).
Defendant contends that County Court erred in charging depraved indifference murder (Penal Law § 125.25) and manslaughter in the first degree (Penal Law § 125.20) in the conjunctive (see, People v Gallagher, 69 NY2d 525). That contention has not been preserved for our review (see, CPL 470.05; People v Pennington, supra, at 920), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).
We have reviewed defendant's remaining contention and conclude that it is without merit. (Appeal from Judgment of Ontario County Court, Henry, Jr., J."Murder, 2nd Degree.)