In People v. Hawkins (11 NY3d 484 [2008]) the Court addressed preservation. Hawkins was charged with depraved indifference murder. At the end of the prosecutor's case, the defense moved for a trial order of dismissal: "I respectfully submit that the People have failed to prove a prima facie case of Depraved Indifference Murder. Not only have they failed to prove a prima facie case that my client Bryan Hawkins was the perpetrator of the homicide ... but they failed to prove that Mr. Hawkins acted with Depraved Indifference Murder in that matter." (Id. at 489.) The Court of Appeals held that the motion "did little more than argue that the People failed to prove the essential elements of depraved indifference murder. The objection could have been directed at either the reckless mens rea element, or the objective circumstances evincing a wanton, depraved indifference to human life, and did not alert the trial court to the argument now being advanced: that defendant acted intentionally, not recklessly, in killing the victim. Defendant did not preserve that legal question for our review." (Id. at 493.)