What is the test for a jury to find a defendant depraved indifference for driving the wrong way along the wrong side of the road?

People v. Prindle, 16 N.Y.3d 768, 771, 919 N.Y.S.2d 491, 944 N.E.2d 1130 [2011] ). Although defendant drove on the wrong side of the road, this conduct was episodic and part of his effort to avoid other vehicles while evading the police. This conscious avoidance of risk is the antithesis of a complete disregard for the safety of others. Defendant was unquestionably reckless, but he was not depravedly indifferent as we have defined and interpreted that state of mind. Unlike our dissenting colleagues, we conclude that, given this evidence, a rational jury could not have reasonably found depraved indifference beyond a reasonable doubt.