Legal Opinion
People v. Molloy
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1997PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
The Grand Jury returned an indictment charging defendant, a New York City policeman, with "depraved indifference” murder in the second degree (Penal Law § 125.25 [2]) and manslaughter in the second degree (Penal Law § 125.15 [1]). Each crime requires proof of "reckless” conduct. The People appeal from an order dismissing the indictment for lack of proof of the necessary element of recklessness, despite the existence of "inculpatory circumstantial evidence” of such conduct.
Testimony from a number of witnesses provided grand jurors with a detailed picture of the…
2Cases cited11 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. Warner-Lambert Co.New York Court of Appeals · 1980
- People v. AgramonteNew York Court of Appeals · 1996
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SantanaNew York Court of Appeals · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Molloy v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2008