AD2 order dated November 7, 2012, affirming judgment of conviction. Decision below: 100 AD3d 657, 952 NYS2d 901. Lippman, Ch.J., granted leave August 6, 2013.

ISSUE PRESENTED: Whether the evidence was legally sufficient to establish depraved indifference murder, where defendant tried to avoid hurting anyone when attempting to drive away from the police and was remorseful afterwards. (Assigned counsel: Josh Levine & Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10^th Floor, NYC 10006.)

sufficiency of evidence for depraved indifference murder