The issue before us is whether the evidence adduced at the trial warranted a jury finding that defendant, under circumstances evincing a "depraved indifference to human life" recklessly engaged in conduct which created a grave risk of death to another person and thereby caused his death (Penal Law § 125.25 [2]). We hold that it did not. Accordingly, we reduce the conviction to that of manslaughter in the second degree, vacate the sentence...
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