Legal Opinion

People v. Lanier

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

Decided September 29, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: According great deference to the jury’s determination after viewing the witnesses, we conclude that the verdict rejecting defendant’s justification defense is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495; People v Hutzler, 270 AD2d 934, lv denied 94 NY2d 948). We further conclude that the conviction of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) is supported by legally sufficient evidence (see, People v Bleakley, supra, at 495). The evidence establishes that defendant pulled…

2Cases cited5 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. HutzlerAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. LanguenaAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. MarshAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Rivera v. CuomoCourt of Appeals for the Second Circuit · 2011

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