In People v. Feingold (7 NY3d 288, 852 NE2d 1163, 819 NYS2d 691 [2006]), the Court overruled Register and held that "depraved indifference to human life is a culpable mental state" (id. at 294). Thus, under Feingold, it is not the circumstances under which the homicide occurred that determines whether defendant is guilty of depraved indifference murder, but rather defendant's mental state at the time the crime occurred. The Appellate Division, citing Feingold, agreed with the defendant and held that his conviction of depraved indifference murder could not stand because the evidence failed to establish the mental state required for depraved indifference to human life (44 AD3d 792, 844 NYS2d 72 [2007]). It further concluded, however, that the evidence was legally sufficient to establish the lesser-included offense of manslaughter in the second degree (Penal Law 125.15 [1]), and modified the judgment accordingly (id. at 793). A Judge of this Court granted leave to appeal (9 N.Y.3d 1035, 881 N.E.2d 1207, 852 N.Y.S.2d 20 [2008]).