Legal Opinion

People v. Rivera

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 2001PublishedCited by 1 opinion

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered January 6, 1999, convicting him of mur*403der in the second degree and tampering with physical evidence, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of murder in the second degree based upon depraved indifference tó human life beyond a reasonable doubt (see, Penal Law § 125.25 [2]).…

2Cases cited6 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. ScottNew York Court of Appeals · 1996
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by1 opinion

  1. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015

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