United States Second Circuit

In appeal from the denial of defendant's writ of habeas corpus following conviction for depraved indifference murder, the judgment is affirmed, where: 1) the defendant's claim was preserved for review and not procedurally barred because there was a fundamental shift in New York's interpretation of its depraved indifference murder statute between the time of defendant's trial and when his conviction became final; but 2) defendant's legal insufficiency claim fails on the merits, because a reasonable jury could have found that the evidence at trial did establish the necessary elements of depraved indifference murder; and 3) certification is not appropriate in this matter.

Appellate Information

• Decided 12/11/2012
• Published 12/11/2012

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel