People v. Johnson

Mazzarelli, J.E, and Andrias, J., dissent

in a memorandum by Andrias, J., as follows: Although the People argue in conclusory fashion that defendant’s conviction for depraved indifference murder is supported by sufficient evidence and the jury’s verdict was not against the weight of the credible evidence, their principal argument is that defendant’s general motions for a trial order of dismissal failed to preserve his challenge to the sufficiency of the evidence supporting his conviction of depraved indifference murder and that we should not exercise our discretion to review the issue in the…