Legal Opinion

People v. Osburn

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

Decided November 10, 1986PublishedCited by 6 opinions

1Opinion of the Court

Memorandum: Following a nonjury trial, the court found defendant not guilty of intentional murder (Penal Law § 125.25 [1]) but guilty of depraved mind murder (Penal Law § 125.25 [2]) resulting from the death of a nine-year-old daughter of defendant’s female friend. The evidence presented fully supports a finding that defendant recklessly engaged in conduct which created a grave risk of death to the victim and caused her death. The proof is insufficient, however, to demonstrate that defendant engaged in such conduct "[ujnder circumstances evincing a depraved indifference to human life” (Penal…

2Cases cited6 opinions

  1. People v. PoplisNew York Court of Appeals · 1972
  2. People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. LillyAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. NorthrupAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. ArcaAppellate Division of the Supreme Court of the State of New York · 1980

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3Cited by6 opinions

  1. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. SalleyAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BestAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. HollowayAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. MosherAppellate Division of the Supreme Court of the State of New York · 1995

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

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