Court of Appeals of New York

Conviction for depraved indifference murder and third-degree criminal possession of a weapon is reversed and remanded where: 1) having chosen to manifest its weight of the evidence review power in a writing, the lower court did not express that it assessed the evidence in light of the elements of the crime as charged to the jury; and 2) the opinion does not otherwise offer confirmation that, in fact, it did.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

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Court

• Court of Appeals of New York

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