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, holding that "depraved indifference" is a culpable mental state and that the trial judge's finding of no depraved indifference cannot be overridden. The decision overrules the objective test of People v Register and affirms the modified order, while dissenting judges argue the conviction should stand.