People v. Swartz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
As a consequence of a police investigation of the fatally severe beating of defendant’s two-year-old stepdaughter, defendant was indicted for second degree murder under Penal Law § 125.25 (2), under which a person is guilty of murder for recklessly causing the death of another person "[u]nder circumstances evincing a depraved indifference to human life”. As part of his omnibus pretrial motion, defendant moved to dismiss the indictment on the ground that Penal Law § 125.25 (2) was unconstitutionally void for vagueness. After the motion was denied, defendant…
2Cases cited12 opinions
- Kolender v. LawsonSupreme Court of the United States · 1983
- Blackledge v. PerrySupreme Court of the United States · 1974
- Parker v. LevySupreme Court of the United States · 1974
- Colten v. KentuckySupreme Court of the United States · 1972
- United States v. PetrilloSupreme Court of the United States · 1947
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3Cited by8 opinions
- People v. RiddickAppellate Division of the Supreme Court of the State of New York · 2006
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- Guerrero v. LamannaDistrict Court, S.D. Illinois · 2018
- Diaz v. MantelloDistrict Court, S.D. New York · 2000
- People v. MontesAppellate Division of the Supreme Court of the State of New York · 1996
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