Legal Opinion
People v. Arce
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme *509Court, Bronx County (John Moore, J.), rendered December 7, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant’s guilt of second-degree murder under a theory of depraved indifference (Penal Law § 125.25 [2]) was amply supported by the evidence, notwithstanding that the evidence would have also supported a finding of intentional murder (People v Cole, 233 AD2d 247, lv denied 89 NY2d 984).
Defendant was not entitled to be present at a hearing conducted in the course of…
2Cases cited3 opinions
- People v. RodriguezNew York Court of Appeals · 1995
- People v. DickersonNew York Court of Appeals · 1996
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Kevin Murray v. Charles Greiner, Superintendent, Julio Cesar Arce v. Brian Fischer, SuperintendentCourt of Appeals for the Second Circuit · 2005
- People v. DelvalleAppellate Division of the Supreme Court of the State of New York · 1998
- People v. GutierrezAppellate Division of the Supreme Court of the State of New York · 1998
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 2001