Jasen, J. (dissenting). The majority holds that the element of “circumstances evincing a depraved indifference to human life” set forth in subdivision 2 of section 125.25 of the Penal Law is not part of the mens rea of murder in the second degree and that evidence of intoxication is, therefore, inadmissible to negate that element. Since I believe the Legislature intended that a defendant’s alleged intoxication could be u…
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