What, wideawake, does the statute say? Clearly you've read it.
That's a serious question. I haven't read it and I'm curious to know if it would apply.
"Assault 1st - Penal Law 120.10, sub 3: Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person."