Can a defendant be held accountable for the one murder he committed?

That the People had at their disposal two bases by which to establish the requisite state of mindtransferred intent and depraved indifferencedoes not permit the People to seek multiple convictions for the one murder for which the defendant was charged, prosecuted and tried. To hold otherwise is contrary to the basic principle that a defendant should not be convicted and punished more than once for conduct which, although constituting only one prohibited act, may, because of statutory definition, be theorized as constituting separate criminal acts (People v. Perez, 45 N.Y.2d 204, 209, 408 N.Y.S.2d 343, 380 N.E.2d 174 [1978] ). Under New York law, defendant is held accountable for the murder he committed, even if it was not the one he set out to complete (Penal Law 125.25[1] ).