Depraved Indifference:

• Library: The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► DEPRAVED INDIFFERENCE: "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 NY3d 288, 296 [2006] [internal quotation marks and citation 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 NY3d 202, 207 [2005])" (People v Maldonado, 24 NY3d 48, 53 [2014]).

Culpable Mental State: "As [the Court of Appeals] held in People v Fein- gold (7 NY3d 288 [2006]), depraved indifference is a culpable mental state. That mental state 'is best understood as an utter disregard for the value of human life—a willingness to act not because one intends harm, but because one simply doesn't care whether grievous harm results or not' (Feingold, 7 NY3d at 296 [internal quotation marks and citation omitted]). Circumstantial evidence can be used to...