Appellate Division of the Supreme Court of the State of New York July 14, 1995 (People v. Pennington)

—Judgment *920unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in charging intentional murder and depraved indifference murder in the conjunctive (see, People v Gallagher, 69 NY2d 525). That contention has not been preserved for our review (see, CPL 470.