People v. Roland

—Judgment unanimously affirmed. Memorandum: The conviction of murder in the second degree (Penal Law § 125.25 [2]) is supported by legally sufficient evidence (see, People v Russell, 91 NY2d *966280, 287-288). The evidence, viewed in the light most favorable to the prosecution, establishes that defendant, “[u]nder circumstances evincing a depraved indifference to human life,” recklessly engaged in conduct creating a grave risk of death to another person by firing a loaded gun at one person, thereby causing the death of the victim standing nearby (Penal Law § 125.25 [2]). The verdict is not…