People v. Roe

OPINION OF THE COURT

Hancock, Jr., J.

In defendant’s appeal from his conviction for depraved indifference murder (Penal Law § 125.25 [2])1 for the shooting death of a 13-year-old boy, the sole question we address is the legal sufficiency of the evidence. Defendant, a 15 Vi-year-old high school student, deliberately loaded a mix of "live” and "dummy” shells at random into the magazine of a 12-gauge shotgun. He pumped a shell into the firing chamber not knowing whether it was a "dummy” or a "live” round. He raised the gun to his shoulder and pointed it directly at the victim, Darrin Seifert, who…