People v. Mercado

OPINION OF THE COURT

Ira R. Globerman, J.

In this novel prosecution, the People seek to try the defendant on a charge of depraved indifference murder in the second degree after he was acquitted of intentional murder in the second degree and manslaughter in the first degree by a jury which heard virtually the same evidence upon which the instant indictment is predicated. In his motion to inspect the Grand Jury minutes of this re-presentation, the defendant seeks dismissal of the depraved indifference murder in the second degree charge on the grounds that it violates his New York State and United…