People v. Soule

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a bench trial of murder in the second degree (Penal Law § 125.25 [4] [depraved indifference murder]) and manslaughter in the first degree (Penal Law § 125.20 [4] [reckless conduct manslaughter]) for causing the death of her fiancé’s two-year-old son by beating, punching and kicking the child in the stomach. Defendant contends that the mens rea for murder in the second degree under Penal Law § 125.25 (4) and manslaughter in the first degree under Penal Law § 125.20 (4) are different and thus she could not be…