People v. Poplis

Defendant has been convicted of murder under new Penal Law section 125.25 (subd. 2). In relevant text this provides: “ A person is guilty of murder ” when “ [u]nder circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person ”.

The proof abundantly establishes that the death of Boxanne Felumero, the three-and-a-half-year-old child of defendant’s wife, was caused by repeated physical beatings by defendant between March 16 and March 21, 1969 when the child died.