People v. Robinson

I respectfully dissent. The jury’s verdict of guilty of depraved mind murder (Penal Law § 125.25 [2]) and manslaughter in the first degree (Penal Law § 125.20 [1]) is neither repugnant nor inconsistent and should be allowed to stand. The People proved beyond a reasonable doubt that defendant beat the victim into a state of unconsciousness and dumped him in six inches of snow, in a remote area, where he died of hypothermia. Based on these facts, the jury rationally and consistently found that defendant did not act with the intent to kill the victim, but acted instead with the intent to cause…