Court of Appeals redefines distinction between the elements for intentional and depraved indifference murder.

Answering questions left unresolved by People v. Oswaldo Sanchez, 98 NY2d 373 (2002), the Court has re-visited what constitutes the factual distinction between intentional and depraved murder, People v. Hafeez, -- NY2d --, (6/10/03). In Sanchez, a sharply divided court upheld defendant's conviction for depraved murder, PL 125.25(2), over his claim that his actions constituted intentional murder only and that therefore, the depraved murder count, upon which the jury convicted after the two alternate theories were submitted in the alternative, as they must, People v. Galagher, 69 NY2d 525, was improper.

Defendant Sanchez, became embroiled in an argument in an apartment …