The People of the State of New York, Respondent v. Kenneth H. Payne, Appellant

Summary

The Court of Appeals reversed the conviction for depraved indifference murder, holding that a point‑blank shooting with manifest intent to kill does not satisfy the statutory element of depraved indifference. The majority reasoned that intent to kill precludes the reckless, wanton conduct required for such a murder charge and that the defendant preserved his claim by moving to dismiss under CPL 290.10. Justice Read dissented, arguing the claim was not preserved and therefore not reviewable.