United States Second Circuit

In a petition for habeas relief from the conviction of petitioner for depraved indifference murder, New York Penal Law section 125.25(2), petition is granted where district court erred in holding that the applicable law of depraved indifference murder was the law in effect when petitioner was convicted, instead of the law as it existed when petitioner's conviction became final, and because the trial evidence was legally insufficient to support a conviction.

Appellate Information

• Decided 08/09/2011
• Published 08/09/2011

Judges

• McLAUGHLIN

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• WILLIAM CARNEY, CHARLES J. HYNES