Opinion
September 17, 1991
Appeal from the Supreme Court, New York County, Jeffrey Atlas, J.
On May 29, 1988, the defendant choked a 14 year old prostitute till she stopped breathing, then shoved a crack vial into her mouth. Defendant pleaded guilty to depraved indifference murder in full satisfaction of all charges. The plea allocution reveals that the defendant understood the nature of the charges, that the plea was voluntarily and intelligently made (People v. Harris, 61 N.Y.2d 9), and that the defendant acted with depraved indifference which resulted in the victim's death (People v Torres, 99 Misc.2d 767). The objective circumstances bearing on the nature of the defendant's reckless conduct satisfied each and every element of the charged crime (People v. Roe, 74 N.Y.2d 20).
Concur — Murphy, P.J., Rosenberger, Ellerin, Kassal and Rubin, JJ.