Legal Opinion

People v. Lucchese

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

Decided February 9, 1987PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered January 2, 1986, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his guilt was not established beyond a reasonable doubt because the People did not prove *700that he acted "[u]nder circumstances evincing a depraved indifference to human life” or that he acted "recklessly” (see, Penal Law § 120.10 [3]).

Depraved indifference to human life refers to the wantonness of a defendant’s conduct and…

2Cases cited10 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. RegisterNew York Court of Appeals · 1983
  4. People v. MillerNew York Court of Appeals · 1976
  5. People v. LicitraNew York Court of Appeals · 1979

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

3Cited by7 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. SamuelAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. CottonAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. MarshAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. BelliniAppellate Division of the Supreme Court of the State of New York · 1990

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

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