People v. Bolling
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1331Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in second degree (Penal Law § 125.25 [2] [depraved indifference murder]), defendant contends that the conviction is not supported by legally sufficient evidence. We agree. Viewing the evidence in the light most favorable to the People, as we must (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legally insufficient to prove beyond a reasonable doubt that defendant “acted with the culpable mental state of depraved indifference” (People v Swinton, 7 NY3d 776, 777 [2006], rearg…
2Cases cited27 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- Cruz v. New YorkSupreme Court of the United States · 1987
- People v. AlmodovarNew York Court of Appeals · 1984
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3Cited by13 opinions
- People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CarrAppellate Division of the Supreme Court of the State of New York · 2009
- People v. OsborneAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HayesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2008
8 more not listed; retrieve them via the Exa API.