This refers to a person’s state of mind. A person has a depraved indifference to human life when that person has an utter disregard for the value of human life, i.e. a willingness to act, not because he or she means to cause grievous harm, but because he or she simply does not care whether or not grievous harm will result. A person who is depravedly indifferent is not just willing to take a grossly unreasonable risk to human life but instead ultimately does not care how the risk turns out.
New York’s highest court, the Court of Appeals, has decided many cases over the past decade that addresses what type of conduct qualifies as “depraved indifference to human life”. It is important that you hire an experienced criminal lawyer who understands the law in New York and how it applies to the facts of your case.