People v. Kibbe

Subdivision 2 of section 125.25 of the Penal Law provides, in pertinent part, that “ [a] person is guilty of murder ” when “ [u]nder circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person ”.

The factual setting of the bizarre events of a cold winter night of December 30, 1970, as developed by the testimony, *410including the voluntary statements of the defendants, reveal the following: During the early evening the defendants were drinking in a Rochester…