People v. Boyce

OPINION OF THE COURT

Matthew D’Emic, J.

*271Defendant was indicted for the murder of his girlfriend Gracielle Goode. After trial, the jury acquitted him of intentional murder (Penal Law § 125.25 [1]) and convicted him of depraved indifference murder (Penal Law § 125.25 [2]). Defendant moved to dismiss the indictment at the close of evidence on the ground that the People failed to prove a prima facie case and the court reserved decision as to the depraved murder count. Defendant now also moves to vacate the conviction pursuant to Criminal Procedure Law § 330.30 (1), citing People v Hafeez (100 NY2d…