Court of Appeals of New York

In two separate cases where defendants were convicted of depraved indifference murder, appellate division's affirmance of conviction in first case is affirmed where the majority conducted a weight of the evidence review that included considering the credible evidence, conflicting testimony and inferences that could be drawn from the evidence. Appellate division's affirmance of conviction in second case is reversed where the court limited its weight of the evidence review to credibility issues and failed to weigh the conflicting testimony and conflicting inferences in light of the elements as= charged at trial.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

Court

• Court of Appeals of New York

Counsel