People v. Danielson

Mazzarelli, J.P. (dissenting).

Defendant was found guilty of depraved indifference murder for the shooting death of Kenneth Andrews, which took place on July 14, 1998, in Seton Falls Park.* A pretrial suppression hearing was held regarding, among other matters, a photographic identification of defendant. At the time of this hearing defendant had two codefendants. A police detective testified that on July 27, 1998 he interviewed an individual who claimed to have been defendant’s friend. This witness told the detective that he accompanied defendant, the two codefendants, and the victim, Kenneth…