People v. Gilmore

I respectfully dissent and would affirm the judgment of conviction. The majority concludes that reversal is required because County Court applied an incorrect standard in discharging a sworn juror. The majority further concludes that, as the People “correctly concede,” the evidence is legally insufficient to support the conviction of depraved indifference murder (Penal Law § 125.25 [2]). I disagree in both respects and, in my view, the People’s concession is incorrect.

Addressing first the issue concerning the sworn juror, I note that the record establishes that, after the juror was sworn, he…