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PEOPLE, res, v. OSCAR MILLER, def-ap

10265. PEOPLE, res, v. OSCAR MILLER, def-ap — Labe M. Richman, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for res — Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered August 6, 2001, convicting defendant, after a jury trial, of assault in the first degree, criminal sale of marijuana in the fourth degree and criminal possession of marijuana in the fourth degree, and sentencing him to an aggregate term of 12 years, unanimously affirmed.

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10265. PEOPLE, res, v. OSCAR MILLER, def-ap — Labe M. Richman, New York, for ap — Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for res — Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered August 6, 2001, convicting defendant, after a jury trial, of assault in the first degree, criminal sale of marijuana in the fourth degree and criminal possession of marijuana in the fourth degree, and sentencing him to an aggregate term of 12 years, unanimously affirmed.

Defendant’s legal sufficiency claim, including his related claim concerning the court’s charge on depraved indifference, is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]).

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