Court of Appeals again addresses itself to the distinction between intentional and depraved murder.

The fine line between these two theories of murder becomes extremely significant where a defendant is acquitted of intentional murder but convicted of depraved murder and argues on appeal that his actions constituted only the former and therefore the indictment must be dismissed.

In People v. Sanchez, 98 NY2d 253 (2002), the Court, over a dissent, rejected the claim that the evidence was insufficient to rise to depraved murder. The jury acquitted on the intentional murder. Defendant had fired through a partially opened door with others nearby following an argument. Later, in People v. Hafeez, 100 NY2d 253 (2003), the Court agreed with defendant that his actions in …