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Legal Opinion

People v. Payne

New York Court of Appeals

Decided October 19, 2004PublishedCited by 250 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

We once again address the crime of depraved indifference murder and where it fits within the Penal Law’s statutory framework. In the appeal before us, defendant, armed with a 12-gauge shotgun, went to the deceased’s home and shot him at point-blank range. Having acquitted defendant of intentional murder—the first count in a two-count indictment—the court convicted defendant of depraved indifference murder after the court improperly allowed the jury to consider that charge.

The Appellate Division affirmed, and a Judge of this Court granted leave to appeal. We…

2Cases cited16 opinions

  1. People v. HinesNew York Court of Appeals · 2001
  2. People v. PattersonNew York Court of Appeals · 1976
  3. People v. KibbeNew York Court of Appeals · 1974
  4. People v. SanchezNew York Court of Appeals · 2002
  5. People v. GonzalezNew York Court of Appeals · 2004

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3Cited by250 opinions

  1. People v. LaneNew York Court of Appeals · 2006
  2. People v. SuarezNew York Court of Appeals · 2005
  3. People v. FeingoldNew York Court of Appeals · 2006
  4. Bellamy v. City of N.Y.Court of Appeals for the Second Circuit · 2019
  5. The People v. Christopher A. NicholsonNew York Court of Appeals · 2016

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

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