Court of Appeals Examines 'Depraved Indifference Murder'

Summary


In two separate cases, the defendants were found guilty of depraved indifference murder, which the Appellate Division affirmed. However, the New York State Court of Appeals determined the evidence in each case was legally insufficient to support the convictions.

In People v. Santos Suarez and People v. Trisha McPherson, the Court of Appeals reversed both convictions and remitted the cases to the Appellate Division for further proceedings. In its decision, the appeals court provided extensive analysis of the requirements for depraved indifference murder, as compared to other categories of homicide.

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Extract


Court of Appeals Examines 'Depraved Indifference Murder'

The Facts

'People v. Suarez'

On Feb. 22, 2000, defendant Santos Suarez stabbed his girlfriend, Jovanna Gonzalez, three times - once in the throat, once in the chest and once in the abdomen. Suarez fled without summoning assistance, and Gon...

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