8 Cited authorities

  1. People v. Suarez

    2005 N.Y. Slip Op. 9811 (N.Y. 2005)   Cited 307 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.
  2. People v. Mills

    1 N.Y.3d 269 (N.Y. 2003)   Cited 238 times
    Finding depraved indifference murder for the drowning of a twelve year old
  3. People v. Kibbe

    35 N.Y.2d 407 (N.Y. 1974)   Cited 176 times   1 Legal Analyses
    Finding that the defendants were properly convicted of depraved indifference murder after they robbed an intoxicated victim and forced him out of a car on the side of a dark, remote, snowy road, partially dressed and without shoes in subfreezing temperatures, where he was struck by a passing truck and killed
  4. People v. Cassidy

    358 N.E.2d 870 (N.Y. 1976)   Cited 138 times
    Holding that the merger doctrine precluded conviction of second-degree kidnapping where the abduction was incidental to other offenses
  5. People v. Poplis

    281 N.E.2d 167 (N.Y. 1972)   Cited 99 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'"
  6. People v. Campbell

    33 A.D.3d 716 (N.Y. App. Div. 2006)   Cited 18 times
    Finding that case "fit into the narrow category of cases where depraved indifference murder properly applies" where the evidence established that the defendant approached three men, "pulled out a gun and fired it five times in the direction of the fleeing men."
  7. People v. Taylor

    393 N.E.2d 1206 (N.Y. 2010)   Cited 13 times

    Argued October 13, 2010. Decided November 18, 2010. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 28, 2009. The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Michael A. Gross, J.), which had convicted defendant, upon a jury verdict, of depraved indifference murder in the second degree. People v Taylor, 62 AD3d 605, reversed. Benjamin N. Cardozo School of Law

  8. People v. Best

    648 N.E.2d 782 (N.Y. 1995)   Cited 23 times
    Finding depraved indifference murder for repeatedly beating a nine year old