People v. Bartow

Smith J. and Adams, J.P. (concurring in part and dissenting in part).

I agree with the majority that the recent decisions in

People v Hafeez (100 NY2d 253 [2003]) and People v Payne (3 NY3d 266 [2004]) require that we reverse the defendant’s conviction for depraved indifference murder. The evidence established that defendant either hired or dared a person to kill his wife and then allowed the person to enter the apartment which defendant and his wife shared, whereupon the person shot the defendant’s wife in the head from a distance of approximately one inch. This evidence established that…