People v. Callender
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered June 8, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant was properly convicted of depraved indifference murder (Penal Law § 125.25 [2]) and was not merely guilty of reckless manslaughter (see People v Sanchez, 98 NY2d 373 [2002]). Defendant maintains that he was simply trying to disperse a crowd of noisy…
2Cases cited6 opinions
- United States v. BatchelderSupreme Court of the United States · 1979
- People v. SanchezNew York Court of Appeals · 2002
- People v. ColemanNew York Court of Appeals · 1987
- People v. FennerNew York Court of Appeals · 1984
- People v. . JernatowskiNew York Court of Appeals · 1924
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3Cited by8 opinions
- People v. HartmanAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ArchieAppellate Division of the Supreme Court of the State of New York · 2014
- ARCHIE, NAKEEM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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