People v. Lessey

OPINION OF THE COURT

Daniel P. Conviser, J.

This opinion concerns a question which may be addressed this term by the Court of Appeals but arose in the instant matter as the most significant legal issue during the defendant’s trial: can a defendant’s voluntary intoxication be used in an appropriate case to negative the mental state of depraved indifference to human life? (See People v Heidgen, 87 AD3d 1016 [2d Dept 2011], lv granted 17 NY3d 957 [2011].) This court concludes that the answer to that question under current law is clearly yes.

Statement of Facts

The defendant was charged with one…