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.