What is depraved indifference murder?

A person is guilty of depraved indifference murder when, [u]nder circumstances evincing a depraved indifference to human life, [such person] recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person (Penal Law 125.25 [2 ] ). Depraved indifference is a culpable mental state which is best understood as an utter disregard for the value of human life (People v. Feingold, 7 N.Y.3d 288, 296, 819 N.Y.S.2d 691, 852 N.E.2d 1163 [2006] [internal quotation marks

omitted] ). Thus, a depraved and utterly indifferent actor is someone who does not care if another is injured or killed (id. [internal quotation marks and citation omitted] ). Due to the wanton nature of this mens rea, depraved indifference murder properly applies only to a small, and finite, category of cases where the conduct is at least as morally reprehensible as intentional murder (People v. Suarez, 6 N.Y.3d 202, 207, 811 N.Y.S.2d 267, 844 N.E.2d 721 [2005] ).

A defendant who knowingly pursues risky behavior that endangers others does not necessarily evince depraved indifference by engaging in that conduct. As we have explained, [a] person who is depravedly indifferent is not just willing to take a grossly unreasonable risk to human lifethat person does not care how the risk turns out (People v. Lewie, 17 N.Y.3d 348, 359, 929 N.Y.S.2d 522, 953 N.E.2d 760 [2011] ). The element of depraved indifference to human life comprises both depravity and indifference, and has meaning independent of recklessness and the gravity of the risk created (People v. McMillon, 31 A.D.3d 136, 139, 816 N.Y.S.2d 167 [2d Dept.2006], lv. denied 7 N.Y.3d 815, 822 N.Y.S.2d 490, 855 N.E.2d 806 [2006] ). In short, the mens rea of depraved indifference will rarely be established by risky behavior alone.