People v. Sanchez

I agree with Judge Smith’s conclusion but write separately to emphasize my concern over the way in which the concept of depraved indifference murder has been increasingly expanded. By asking us to affirm this conviction, the People would have us extend the concept even further. In my view, any additional enlargement of depraved indifference murder is unwarranted and incompatible with the Legislature’s carefully drawn gradations for homicide.

Depraved indifference murder is characterized by “extremely dangerous and fatal conduct performed without specific homicidal intent but with a depraved…