People v. Hafeez

I disagree with the majority’s conclusion that there is no record support for the jury’s decision that defendant’s and codefendant’s conduct was reckless and depraved rather than intentional. Accordingly, I respectfully dissent from that part of the Court’s opinion affirming the Appellate Division’s reversal of the depraved indifference murder conviction.

*261The jury convicted defendant of depraved indifference murder under an accomplice liability theory (see Penal Law § 20.00). The People, therefore, had to show that defendant intentionally aided his codefendant, and that they shared the same…