Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's depraved indifference in recklessly causing the victim's death by loading a revolver with one bullet as a part of a kind of "Russian Roulette" game and thereafter pulling the trigger twice and shooting him in the head, was proven beyond a reasonable doubt. As defendant's recklessness was not in issue, his possible intoxication before, and remorse after, the shooting were irrelevant (see, People v. Register, 60 N.Y.2d 270, 280; People v. Roe, 74 N.Y.2d 20, 27). Under the circumstances, we find the sentence imposed to be excessive, as indicated.
Concur — Murphy, P.J., Ellerin, Wallach, Asch and Kassal, JJ. [As amended by unpublished order entered March 23, 1993.]