People v. Rodgers

OPINION OF THE COURT

Martin H. Rettinger, J.

The following constitutes an elaboration of the reasons for the court’s previously rendered oral decision denying the defendant’s motion to set aside the verdict of the jury.

*123A three-count indictment was filed against the defendant charging him with murder in the second degree under an intentional murder theory (Penal Law § 125.25 [1]); murder in the second degree by means of recklessly engaging in conduct which created a grave risk of death and caused the death of another person under circumstances evincing a depraved indifference to human life…