United States Second Circuit

The U.S. Court of Appeals certifies the following questions to the New York Court of Appeals: 1) Where evidence produced at trial indicated that if the defendant committed the homicide at all, he committed it with the conscious objective of killing the victim, would a jury be permitted to find that the elements of depraved indifference murder were satisfied beyond a reasonable doubt?; 2) At time petitioner's conviction became final, what were the established elements of depraved indifference murder?; and 3) Does the interpretation of N.Y. Penal Law sections 125.25(1) and (2) set forth in People v. Payne and People v. Gonzalez state the correct interpretation of the law of New York with respect to the elements of depraved indifference murder on the date petitioner's conviction became final?

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• SACK, Circuit Judge:, Before:  POOLER and SACK, Circuit Judges, and GARAUFIS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Rhea A. Grob, Assistant District Attorney (Charles J. Hynes, District Attorney Kings County, Leonard Joblove & Ann Bordley, Assistant District Attorneys, of counsel), Brooklyn, NY, for Respondent-Appellant., Richard Ware Levitt, New York, NY, for Petitioner-Appellee.