People v. Jack

Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was insufficient to support his conviction of depraved indifference murder (Penal Law § 125.25 [2]). We disagree. The assessment of the objective circumstances evincing a defendant’s depraved indifference to human life is a qualitative judgment to be made by the trier of fact (People v Roe, 74 NY2d 20). Under the circumstances, it was not unreasonable for the jury to conclude that defendant’s firing a pistol at the victim from approximately 100 feet presented a grave risk of death.

Defendant also contends that he…