People v. Hafeez

*256OPINION OF THE COURT

ClPARICK, J.

We recently held in People v Sanchez (98 NY2d 373 [2002]) that, in the circumstances presented in that prosecution, a jury could reasonably find defendant’s homicidal level of mental culpability to be reckless rather than intentional. We are once again faced with the same question, but inasmuch as there is no record support here for the jury’s decision that defendant’s conduct, or that of his codefendant, was reckless and depraved rather than intentional, the jury’s finding of depraved indifference murder cannot be upheld.

In January 1999, defendant and his…