Legal Opinion

People v. Delvalle

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1998PublishedCited by 4 opinions

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

  1. Hernandez v. New YorkSupreme Court of the United States · 1991
  2. People v. HernandezNew York Court of Appeals · 1990
  3. Martorella v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1933
  4. People v. ArceAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Scott v. FisherDistrict Court, W.D. New York · 2009
  2. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1999
  3. Barnes v. BurgeCourt of Appeals for the Second Circuit · 2010
  4. Delvalle v. HerbertCourt of Appeals for the Second Circuit · 2005

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