People v. Baptiste
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.P.
In Policano v Herbert (7 NY3d 588 [2006]), the Court of Appeals indicated that the law on depraved indifference murder has changed and does not apply retroactively to cases that became final prior to the change (id. at 602-604). Specifically, the Court concluded that the new rule did not apply to cases that became final prior to the Court’s decision in People v Hafeez (100 NY2d 253 [2003]), but left open the question—which was not directly before it—of precisely when the law changed such that the new rule became applicable to cases that remained pending on…
2Cases cited20 opinions
- People v. SuarezNew York Court of Appeals · 2005
- People v. RegisterNew York Court of Appeals · 1983
- People v. FeingoldNew York Court of Appeals · 2006
- People v. PayneNew York Court of Appeals · 2004
- People v. KibbeNew York Court of Appeals · 1974
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3Cited by23 opinions
- Epps v. PooleCourt of Appeals for the Second Circuit · 2012
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WolfeAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RollinsAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OrcuttAppellate Division of the Supreme Court of the State of New York · 2008
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