What constitutes depraved intent in murder?

I'm trying to find out (for my 3rd mystery) if making someone fall to their knees, as if begging for their life, would be depraved intent which qualifies the killer for 1st degree in NY State. The idea is the police tell the victim was kneeling when shot, and he was shot in the temple. So he knew it was coming. (But I have a great twist there too.) Any information would be appreciated, thanks.