People v. Lanier
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. HutzlerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. LanguenaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- Rivera v. CuomoCourt of Appeals for the Second Circuit · 2011