Legal Opinion
People v. Florestal
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Lippman, P.J.
The primary issue raised by this appeal is whether defendant was properly convicted of depraved indifference murder where the jury was instructed to consider the element of depraved indifference based on the objective circumstances surrounding defendant’s conduct instead of based on her mental state. Since the jury charge did not provide an accurate definition of depraved indifference, we reverse and remand for a new trial.
Defendant Jovannie Florestal was convicted after a jury trial of one count of second-degree murder (Penal Law § 125.25 [4])* in connection…
2Cases cited18 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. CroninNew York Court of Appeals · 1983
- People v. SuarezNew York Court of Appeals · 2005
- People v. RegisterNew York Court of Appeals · 1983
- People v. FeingoldNew York Court of Appeals · 2006
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3Cited by4 opinions
- People v. BrissonAppellate Division of the Supreme Court of the State of New York · 2009
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- People v. Hakim-PetersNew York County Court, Schenectady County · 2010
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2018