DEPRAVED INDIFFERENCE MURDER IN THE CONTEXT OF DWI HOMICIDES IN NEW YORK.

This article examines the depraved indifference murder statute in New York in the context of driving while intoxicated (DWI) offenses. Part I of the article gives an overview of the culpable mental states and homicide crimes in the New York Penal Law (NYPL) in order to explain the various offenses and their relation to one another in terms of conduct, culpability and punishment. Part II gives a brief history of depraved indifference murder in New York. Part III discusses why depraved indifference murder cannot apply to most DWI homicides and address the theoretical problems that arise when prosecutors seek murder convictions in these types of cases.