People v Matos

Defendant was convicted of depraved indifference murder resulting from conduct creating a grave risk of serious injury or death of a child under 11, Penal Law 125.25[4]. At issue was whether the evidence was sufficient to show that defendant possessed the culpable mental state of depraved indifference to human life to warrant a conviction of murder in the second degree. The court held that the record did not support such a finding where the evidence of depraved indifference was legally insufficient and therefore, the conviction for second-degree depraved indifference murder of a child must be vacated. View "People v Matos" on Justia Law