People v. Johnson

OPINION OF THE COURT

Simons, J.

During an altercation in a parking lot, defendant shot Revaine Pratt with a shotgun, causing Pratt’s death. Defendant was charged in a two-count indictment for intentional murder (Penal Law § 125.25 [1]) and reckless murder under circumstances evincing a depraved indifference to human life (Penal Law § 125.25 [2]). For each of the murder counts, a lesser included offense was submitted to the jury — manslaughter in the first degree (Penal Law § 125.20 [1]) was submitted as a lesser included offense of intentional murder; manslaughter in the second degree (Penal…