People v. Burke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was convicted of second degree murder, on a theory of depraved indifference, for the fatal drive-by shooting of Patrick Lamar in Rochester on September 3, 1987. Lamar was standing with several friends, including Glenwood Anderson, Ronald Williams and Reginald Stamps, when the driver of a small car fired several shots at the group. The prosecutor’s theory was that Anderson, not Lamar, was the intended victim and that defendant was a drug dealer who fired the shots in retaliation for Anderson’s invasion of…
2Cases cited6 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. KocylaAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- People v. ChristieAppellate Division of the Supreme Court of the State of New York · 1997
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 2016
- HORTON, AYIESHA, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 2016