United States Second Circuit

Grant of habeas petition is reversed as the court cannot say that no rational juror could have found beyond a reasonable doubt that petitioner acted unintentionally in committing depraved indifference murder.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

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.