People v. Lyons

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference]) and criminal possession of a weapon in the second degree (Penal Law,§ 265.03) for a shooting death. Defendant knew the victim, his wife, and their three children. The victim and his wife owned a restaurant and bar that defendant frequented. The evidence at trial established that defendant and the victim’s wife had an intimate relationship and that the victim was generally a violent and jealous person.

When…