People State New York v. Steven D. Roe

[74 N.Y.2d 20 Page 22] Opinion OF THE COURT In defendant's appeal from his conviction for depraved indifference murder (Penal Law § 125.25 [2])1
for the shooting death of a 13-year-old boy, the sole question we address is the legal sufficiency of the evidence. Defendant,
a 15 1/2-year-old high school student, deliberately loaded a mix of "live" and "dummy" shells at random into the magazine
of a 12-gauge shotgun. He pumped a shell into the firing chamber not knowing whether it was a "dummy" or a "live" round. He
raised the gun to his shoulder and pointed it directly at the victim, Darrin Seifert, who was standing approximately 10 feet
away. As he did so, he exclaimed "Let's play Polish roulette" and asked "Who is first?". When he pulled the trigger, the gun
discharged sending a "live" round into Darrin's chest. Darrin died as a result of the massive injuries.