People v. Marhone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*804The defendant was convicted of both felony murder (Penal Law § 125.25 [3]) and depraved indifference murder (Penal Law § 125.25 [2]). The defendant’s legal insufficiency claim as to depraved indifference murder is unpreserved for appellate review since he did not object with the necessary specificity at trial (see e.g. People v Ferraro, 49 AD3d 550, 551 [2008]; People v Fields, 37 AD3d 733 [2007]). We nonetheless reach the issue pursuant to our interest of justice jurisdiction and conclude, as the People correctly concede, that the evidence was legally insufficient to support the defendant’s…
2Cases cited5 opinions
- People v. FeingoldNew York Court of Appeals · 2006
- People v. PayneNew York Court of Appeals · 2004
- People v. FerraroAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HawthorneAppellate Division of the Supreme Court of the State of New York · 2006
- People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2007