People v. Fenner

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*973The number of shots fired, the number of persons fired at and the fact that they were running toward the door of the poolroom in an effort to get away from defendant, though not as egregious circumstances as those involved in People v Register (60 NY2d 270), were sufficient to present a question for the jury concerning whether defendant evinced “a depraved indifference to human life” (Penal Law, § 125.25, subd 2). Moreover, the jury was charged that depraved indifference to human life required that they find…