People v. Johnson

Mazzarelli, J.P, and Andrias, J.,

dissent in a memorandum by Andrias, J., as follows: I respectfully dissent as I believe the conviction for depraved indifference murder, as viewed in light of the court’s jury charge, which reflected the law that was in effect at the time of the crime (see People v Sanchez, 98 NY2d 373, 379-380 [2002], explaining People v Register, 60 NY2d 270, 276-277 [1983], cert denied 466 US 953 [1984]), is against the weight of the evidence (see People v Noble, 86 NY2d 814 [1995]).

Defendant fatally shot his brother once in the back during a dispute over money in the…