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PEOPLE v. WORD

260 A.D.2d 196 (1999)

689 N.Y.S.2d 36

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIANE WORD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DIANE WORD, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 13, 1999.

We find that the court erred in setting aside the verdict convicting defendant of murder in the second degree based on its finding that the prosecution had not set forth sufficient evidence demonstrating that she acted with a depraved indifference to human life. Whether a particular act was committed under "circumstances evincing a depraved indifference to human life" within the meaning of Penal Law § 125.25 (2) is "not a mens rea element which focuses `upon the subjective...

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