§Why CasetextPricing

The People, Respondent,v.Jose Maldonado, Appellant.

Brief

14 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,630 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,645 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  3. People v. Feingold

    2006 N.Y. Slip Op. 5233 (N.Y. 2006)   Cited 347 times   3 Legal Analyses
    Ruling that depraved indifference to human life, rather than recklessness, is the applicable mens rea in statutes in which the former appears

  4. People v. Suarez

    2005 N.Y. Slip Op. 9811 (N.Y. 2005)   Cited 322 times   5 Legal Analyses
    Holding depraved indifference charge was not appropriate where defendant intended to kill an individual and did kill that individual, even if the killing was done in a depraved manner.

  5. People v. Register

    60 N.Y.2d 270 (N.Y. 1983)   Cited 346 times   2 Legal Analyses
    Holding that the depraved indifference element referred to the "factual setting in which the risk creating conduct must occur," rather than the mens rea requirement

  6. People v. Barboni

    2013 N.Y. Slip Op. 4269 (N.Y. 2013)   Cited 112 times
    Rejecting claim that a period of hours was not a course of conduct

  7. People v. Jean-Baptiste

    11 N.Y.3d 539 (N.Y. 2008)   Cited 53 times
    Holding that Feingold standard applies to cases brought on direct appeal where the defendant has "adequately challenged" the sufficiency of the proof as to his depraved indifference murder conviction

  8. People v. Lewie

    2011 N.Y. Slip Op. 4766 (N.Y. 2011)   Cited 40 times
    In Lewie the mother of the decedent brought her child into the hospital where he expired (see id. at 353, 929 N.Y.S.2d 522, 953 N.E.2d 760). At the time of the child's death he “had injuries consistent with very severe abuse” (id. at 354, 929 N.Y.S.2d 522, 953 N.E.2d 760).

  9. People v. Gomez

    65 N.Y.2d 9 (N.Y. 1985)   Cited 83 times   1 Legal Analyses
    Affirming conviction for depraved indifference murder where person drove at a speed of 40 miles per hour down a busy sidewalk without attempting to put on the brakes and killed two people

  10. People v. Poplis

    30 N.Y.2d 85 (N.Y. 1972)   Cited 100 times
    Finding that the defendant committed depraved indifference murder when, albeit without any intent to kill, he caused the death of a 3 1/2-year-old infant as a result of continually beating the child over a period of five days; "[t]he continued brutality toward a child, found by the jury in this case, fits within the accepted understanding of the kind of recklessness involving 'a depraved indifference to human life'"