The following excerpt is from People v. Atkinson, 7 N.Y.3d 765, 853 N.E.2d 227 (N.Y. 2006):
We reject the contention that defendant forfeited his right to challenge the sufficiency of his conviction for depraved indifference murder by requesting that the jury be charged on the lesser-included offense of manslaughter in the second degree, which requires a finding of recklessness. "Depraved indifference" is an additional core statutory requirement of depraved indifference murder, beyond mere recklessness and risk (see People v. Suarez, 6 N.Y.3d 202, 214-215, 811 N.Y.S.2d 267, 844 N.E.2d 721 [2005]).
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