In People v. Register (60 N.Y.2d 270, 457 N.E.2d 704, 469 N.Y.S.2d 599 [1983], the Court explained that depraved indifference "refers to neither the mens rea nor the actus reus" of the crime (60 N.Y.2d at 276). Rather, it is "a definition of the factual setting in which the risk creating conduct must occur" (id.). This is consistent with the carefully chosen statutory condition that depraved indifference second-degree murder is available only in "circumstances evincing a depraved indifference to human life" (Penal Law 125.25 [2]). The Legislature inserted the word "circumstances" for a reason.