New York Court of Appeals

The People of the State of New York, Respondent v. Larry Feingold, Appellant

July 5, 20067 N.Y.3d 288

Summary

The Court reduced the defendant's conviction from first-degree reckless endangerment to second-degree reckless endangerment because it held that the statutory element requiring "depraved indifference to human life" is a culpable mental state, and the factfinder had found no such mental state. The majority overruled the earlier Register and Sanchez approach, while dissenting judges argued that depraved indifference is an objective factual element and the conviction should be affirmed.