People v. McManus

OPINION OF THE COURT

Titone, J. P.

Defendant appeals from a judgment of the Supreme Court, Richmond County, convicting him of “depraved indifference” murder (Penal Law § 125.25 [2]), upon a jury verdict, and imposing sentence. The core issue is whether the trial court erred in declining his request to give an instruction that justification constitutes a defense to depraved mind murder. The question is somewhat complicated by the fact that a justification instruction was given on a separate count of the indictment charging intentional murder and the jury exonerated defendant of that charge. We…