People v. Dalton

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 26, 1992, convicting defendant, after jury trial, of murder in the second degree (depraved indifference) and sentencing him to a term of 9 years to life, to. run consecutively to a sentence of 2Vs to 7 years imposed for a previous conviction of assault in the first degree, unanimously affirmed.

Defendant’s unprovoked firing of a .38 caliber gun at a group of unarmed, retreating youths from the middle of a public thoroughfare was reckless conduct which created a grave risk of death to another person and evinced a…