People v. Graham

The defendant was indicted for the crime of reckless endangerment in the first degree and convicted as charged after a jury trial. The indictment alleged that on or about September 11, 1971 the defendant, “ under circumstances evincing a depraved indifference to human life, did recklessly engage in conduct which created a grave risk of death to. another person, to wit: did fire a shot at Winifred Kelly.” The proof upon the trial, virtually undisputed, was as follows: During the course of an argument between the defendant and the complainant in the latter’s luncheonette, the defendant pulled a…