People v. Garbutt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Ira R. Globerman, J.), rendered May 1, 2001, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant’s argument that his conduct clearly constituted intentional murder and did not support a finding of recklessness as required for depraved indifference murder is unpreserved (People v Gray, 86 NY2d 10 [1995]; see also People v Padro, 75 NY2d 820 [1990]). Moreover, at trial, defendant argued that his conduct was simply reckless, not evidencing a depraved…
2Cases cited8 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. RomanNew York Court of Appeals · 1996
- People v. SanchezNew York Court of Appeals · 2002
- People v. GonzalezNew York Court of Appeals · 2004
- People v. PadroNew York Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Garbutt v. ConwayCourt of Appeals for the Second Circuit · 2012
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. LigginsAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BakerAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 2006
3 more not listed; retrieve them via the Exa API.