People v. Atkinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.
On this appeal, the defendant challenges his conviction for depraved indifference murder (see Penal Law § 125.25 [2]). He argues that, although the evidence at the trial “may have demonstrated an intent to kill, it was inconsistent with a reckless act, and failed, as a matter of law, to prove the element of recklessness necessary for a conviction of depraved indifference murder.” The issue is a recurring one in cases where the jury convicts the defendant of depraved indifference murder for a homicide that appears to have been the result of intentional conduct…
2Cases cited50 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. GloverNew York Court of Appeals · 1982
- People v. RegisterNew York Court of Appeals · 1983
- People v. PayneNew York Court of Appeals · 2004
- People v. HeideNew York Court of Appeals · 1994
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3Cited by15 opinions
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- Thomas v. LordDistrict Court, E.D. New York · 2005
- Fernandez v. SmithDistrict Court, S.D. New York · 2008
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