People v. Osburn
Appellate Division of the Supreme Court of the State of New York
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
- People v. PoplisNew York Court of Appeals · 1972
- People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
- People v. LillyAppellate Division of the Supreme Court of the State of New York · 1979
- People v. NorthrupAppellate Division of the Supreme Court of the State of New York · 1981
- People v. ArcaAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by6 opinions
- People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. SalleyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BestAppellate Division of the Supreme Court of the State of New York · 1994
- People v. HollowayAppellate Division of the Supreme Court of the State of New York · 1987
- 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.