Few components of a Penal Law statute have caused more confusion and disagreement in the area of criminal law than "depraved indifference to human life." The Court of Appeals has struggled to define depraved indifference ever since it was first codified into the penal code. The court initially defined it as a culpable mental state until 19831 when it redefined it by the objective circumstances in which a killing occurs. Six years ago, the Court of Appeals reverted to the term's original definition, referring to it as a culpable mental state.2
For the first time since then, the court in People v. Barboni,3 has upheld a conviction for depraved indifference murder and in doing so filled in one more piece of the puzzle, clarifying the state of mind that must exist.
Statute and Interpretation
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