People v. Gray

Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a bench trial, of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) for shooting the victim with a handgun, following an argument earlier *884that evening. We reject the contention of defendant that the evidence is insufficient to support that conviction. The assessment of the objective circumstances evincing defendant’s "depraved indifference to human life” (Penal Law § 125.25 [2]) is a qualitative judgment to be made by the trier of fact (People v Roe, 74 NY2d 20, 25; see, People v…