This section contains the nature of the case and procedural background.

Soon after he stole a minivan from outside its owner's residence, police pursued D through the streets of Greenpoint, Brooklyn, a mixed commercial-residential neighborhood. It was a five-minute, midday chase. D consistently drove well above the 30 miles per hour speed limit and violated numerous traffic rules as he attempted to evade capture. D ran a red light, accelerated through intersections, and went the wrong way down two one-way streets. The police followed with lights and sirens activated as D drove towards Manhattan Avenue, a major thoroughfare and commercial hub. D turned onto the avenue where, according to witnesses, there was heavy vehicular and pedestrian traffic. As he drove north, D swerved into the southbound lane to pass slower vehicles and avoid congestion, and then shifted back into the northbound lane. Witnesses estimated that he was driving 40 to 50 miles per hour. D ran a second red light and narrowly avoided hitting a pedestrian in a crosswalk. D did not brake or slow down. Instead, he accelerated north and again swerved across the double-yellow lines into the southbound lane to avoid slower-moving vehicles. A driver going south testified that D did not slow down when he entered the opposing lane of traffic. As a consequence, the driver had to swerve to the side of the road to avoid a collision. Once clear of congestion, D swerved back into the northbound lane. D ran a third red light and struck a woman in a crosswalk. The victim hit the passenger side of the minivan's windshield with such force that her body landed more than 100 feet down the avenue. She died at the scene. Police stopped following D to render aid to the victim. D continued accelerating north on Manhattan Avenue, again swerving into the southbound lane. A driver headed south testified that D sped towards him at a rate of about 50 to 70 miles per hour. As a result, he had to swerve into the northbound lane to avoid a head-on collision. The chase ended a few blocks from where D struck the pedestrian, when D crashed the minivan into a parked car to avoid hitting other vehicles. D ran out of the minivan and down a nearby street, followed by the driver, who had just swerved to avoid a collision with D and a group of pedestrians who witnessed the crash. The group caught up with D and tackled and held him until the police arrived and arrested him. D admitted that he stole the minivan, exceeded the speed limit, and swerved into oncoming traffic as he fled the police. D said he tried to avoid hitting cars and pedestrians, and that he did not know the neighborhood well and drove down the one-way streets by mistake. D said he was lost when he ended up on Manhattan Avenue, and that he was avoiding cars as he evaded the police. D said he was going against traffic and looking in his rearview mirror for the police immediately before he struck the victim. When he looked forward again, D saw the victim and thought that he 'hit the girl in the hand or something.' When he saw more people and traffic two blocks later, D decided to crash into the parked car to avoid hurting anyone else. He also expressed remorse for his actions. D was charged with murder in the second degree (depraved indifference murder), criminally negligent homicide, unlawful fleeing a police officer in a motor vehicle in the third degree, unlawful fleeing a police officer in a motor vehicle in the first degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree. D moved for dismissal of the depraved indifference murder charge on the ground that P failed to establish the requisite mental state. D argued that the evidence showed he repeatedly swerved to avoid hitting pedestrians and cars, indicating that his driving was merely reckless. The court refused. D was found guilty of depraved indifference murder, unlawful fleeing a police officer in a motor vehicle in the first degree, and grand larceny in the fourth degree. D renewed his motion for dismissal of depraved indifference murder. The court denied the motion. D appealed. The Appellate Division affirmed, and D appealed.

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