People v. Delvalle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (John Moore, J.), rendered April 20, 1995, convicting defendant, after a jury trial, of murder in the second degree (2 counts) and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 25 years to life, 25 years to life and 21/s to 7 years, respectively, unanimously affirmed.
Defendant’s guilt of the second-degree murder counts under a theory of depraved indifference was amply supported by the evidence, notwithstanding that the evidence would have also supported a finding of intentional murder (People v Arce, 242…
2Cases cited4 opinions
- Hernandez v. New YorkSupreme Court of the United States · 1991
- People v. HernandezNew York Court of Appeals · 1990
- Martorella v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1933
- People v. ArceAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Scott v. FisherDistrict Court, W.D. New York · 2009
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1999
- Barnes v. BurgeCourt of Appeals for the Second Circuit · 2010
- Delvalle v. HerbertCourt of Appeals for the Second Circuit · 2005