Legal Opinion

People v. Swartz

Appellate Division of the Supreme Court of the State of New York

Decided October 8, 1987PublishedCited by 8 opinions

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

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Blackledge v. PerrySupreme Court of the United States · 1974
  3. Parker v. LevySupreme Court of the United States · 1974
  4. Colten v. KentuckySupreme Court of the United States · 1972
  5. United States v. PetrilloSupreme Court of the United States · 1947

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. RiddickAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. Mateo, New York County Courts1997
  3. Guerrero v. LamannaDistrict Court, S.D. Illinois · 2018
  4. Diaz v. MantelloDistrict Court, S.D. New York · 2000
  5. People v. MontesAppellate Division of the Supreme Court of the State of New York · 1996

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API