People v. Diaz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered May 17, 2004, 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.
To the extent there was any error in the court’s refusal to dismiss a depraved indifference murder count (see People v Suarez, 6 NY3d 202 [2005]), there is no basis for reversal because the jury only convicted defendant of intentional murder (see People v Griffin, 28 AD3d 578, 579 [2006], lv denied 7 NY3d 789 [2006]; see also People v Brown, 83 NY2d 791, 794…
2Cases cited6 opinions
- People v. SuarezNew York Court of Appeals · 2005
- People v. WoodNew York Court of Appeals · 1992
- People v. BrownNew York Court of Appeals · 1994
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ByrdAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. PachecoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LippeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ManuelAppellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.