Appellate Division of the Supreme Court of the State of New York March 30, 2010 (People v. Douglas)

OPINION OF THE COURT

Fisher, J.

The principal issue presented on this appeal is whether criminal conduct engaged in with a specific intent can also be found to have been reckless. We hold that it can, and that, under the circumstances of this case, the defendant’s conviction of assault in the first degree (see Penal Law § 120.10 [3] [depraved indifference reckless assault]) should be upheld.