People v. Brooks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The record shows that the defendant, while under the influence of alcohol, argued with the decedent and twice fired a shotgun loaded with deer slugs, striking decedent at close range. Under these circumstances, the jury was entitled to find that because of his intoxication, defendant lacked the intent to kill, yet he recklessly caused the death of the victim under "circumstances evincing a depraved indifference to human life” (Penal Law § 125.25 [2]; see, People v Register, 60 NY2d 270; People v Kanelos, 107 AD2d 764, Iv denied 65 NY2d 817). It was…
2Cases cited6 opinions
- People v. RegisterNew York Court of Appeals · 1983
- People v. RiversNew York Court of Appeals · 1982
- People v. LynesNew York Court of Appeals · 1980
- People v. De JesusNew York Court of Appeals · 1977
- People v. KanelosAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by6 opinions
- People v. LaDolceAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. LanguenaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. GilmoreAppellate Division of the Supreme Court of the State of New York · 1989
- People v. Hakim-PetersNew York County Court, Schenectady County · 2010
1 more not listed; retrieve them via the Exa API.