People v. George

Carpinello, J. (concurring in part and dissenting in part).

Defendant argues that his conviction for depraved indifference murder was based on legally insufficient evidence. He suggests alternative “theories” to support such claim, including that his conduct was intentional, citing People v Payne (3 NY3d 266 [2004]), and that the circumstances surrounding the shooting do not come within the narrow class of cases evincing utter depravity, uncommon brutality and inhuman cruelty, citing People v Suarez (6 NY3d 202 [2005]). The People argue that the recent changes in the law regarding depraved…