Legal Opinion

People v. Gibbons

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

Decided February 3, 2005PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (John A.K. Bradley, J), rendered March 28, 2002, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

At trial, defendant did not raise his current argument that there was insufficient evidence of depraved indifference murder in that the only reasonable view of the evidence was that he intentionally killed the victim. Accordingly, this argument is unpreserved (People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to…

2Cases cited5 opinions

  1. People v. GrayNew York Court of Appeals · 1995
  2. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. PayneNew York Court of Appeals · 2004
  4. People v. SanchezNew York Court of Appeals · 2002
  5. People v. PerryAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. People v. ParkerAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. TorresAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2018

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