People v. McMillon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In People v Suarez (6 NY3d 202 [2005]), the Court of Appeals carefully defined the limited circumstances in which a charge of depraved indifference murder will lie, but specifically left open the question of what corrective action is appropriate when, on appeal, the evidence is found legally insufficient to support a conviction of that crime. Because we conclude here that the defendant’s conviction of depraved indifference murder cannot be sustained, we address the issue of appropriate corrective action.
The defendant and Charles Frazier became embroiled in an altercation…
3Cases cited15 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. CrimminsNew York Court of Appeals · 1975
- People v. SuarezNew York Court of Appeals · 2005
- People v. PayneNew York Court of Appeals · 2004
- People v. GallagherNew York Court of Appeals · 1987
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4Cited by41 opinions
- People v. GeorgiouAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2006
- The People v. Jose MaldonadoNew York Court of Appeals · 2014
- People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HurdleAppellate Division of the Supreme Court of the State of New York · 2013
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