People v. McElroy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered May 1, 1995, convicting him of murder in the second degree, 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 depraved indifference murder beyond a reasonable doubt (see, People v Morgan, 207 AD2d 501; People v Sosa, 181 AD2d 532; People v Goode, 175 AD2d 181).
Moreover, since…
2Cases cited8 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SandovalNew York Court of Appeals · 1974
- People v. FardanNew York Court of Appeals · 1993
- People v. RiosAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- People v. CarneyAppellate Division of the Supreme Court of the State of New York · 2005
- People v. FlorezAppellate Division of the Supreme Court of the State of New York · 1999
- People v. OnihaAppellate Division of the Supreme Court of the State of New York · 2002