Found insideThe majority holds that the element of “circumstances evincing a depraved indifference to human life” set forth in subdivision 2 of section 125.25 of the ... Found inside – Page 105A depraved indifference murder conviction requires proof that the defendant, under circumstances evidencing a depraved indifference to human life, ... Found inside – Page 239In each case, the fact finder could properly conclude that the conduct was so wanton as to amount to depraved indifference to human life. Found inside... face and pulls the trigger is either intending to cause that person's death, section one, or, section two, evincing depraved indifference to human life. Found insideIn other words, if someone showed a “depraved indifference to human life” that resulted in a homicide, it was considered just as blameworthy as if the ... Found inside – Page 249Murder 2nd : •Depraved indifference to human life . Recklessly engages in conduct creating grave risk of death . Causes death . Murder 2nd : •Depraved indifference to human life . Recklessly engages in conduct creating grave risk of serious ... Found inside – Page 400A person has a depraved indifference to human life when that person has an utter disregard for the value of human ... Small-town America, no gangs, no graffiti, but the all-white kids are ankle deep in drugs and kinky sex. Found inside – Page 414In March 1995 , Del - Debbio was indicted for first - degree assault , the grand jury concluding , with the state penal code , that Del - Debbio ' s actions constituted “ a depraved indifference to human life . ” Del - Debbio was convicted of second ... Found inside – Page 172Our concern for human life distinguishes itself not by our free market practices but in our condemnation of the Mafia's depraved indifference to human life. Found inside – Page 393manifesting extreme indifference to the value of human life . ... of its unconcern or disregard of the lives of others , it was wanton and it was depraved . Found inside – Page 945The new interpretation of “ under circumstances evincing a depraved indifference to human life " was intended to dispel the confusion between intentional and depraved indifference murder and , thus , cut off the continuing improper expansion ... Found insideThose cases were defined as “implied malice murder” if the depravity ... of death to another person” that evinces a “depraved indifference to human life. Found inside – Page 41Decisions of the Court of Appeals as to depraved indifference to human life , under the former Penal Law , confirm the occurrence of that state of mind in this case . Thus , a person would evince a depraved indifference if he beat a woman for ... Found insideDepraved indifference to human life is characterized by unmitigated wickedness, extreme inhumanity or acts exhibiting a high degree of wantonness. Found inside – Page 146Like second degree manslaughter , it requires that the defendant cause another ' s death “ recklessly . ” 130 However , it requires an additional element : that , “ under circumstances evincing a depraved indifference to human life he ... Found inside – Page 731... Anginetta by Clayton evidencing a depraved swung him around over his head , and then indifference to human life , thereby causing let the boy go head first into a wall , therethis child's death . There exists evidence of after leaving him to lie ... Now, more than one hundred years later, historian and homicide investigator Fred Rosen reveals through newly accessed documents and Bell’s own correspondence the long list of Bliss’s criminal acts and malevolent motives that led to his ... Found inside – Page 534... based on the erroneous notion that the wanton disregard for human life inherent in every intentional homicide amounts to depraved indifference murder. Found inside – Page 1304Although issue was unpreserved for review , evidence was legally sufficient to establish that defendant acted with culpable mental state of depraved indifference to human life and , thus , supported his convictions of assault in first degree and ... Found insideHow does one decide whose heart is depraved? 6. The defendant in Robinson claimed that “extreme indifference to the value of human life” requires proof that ... Found inside – Page 134Here , intent means malice or depraved indifference to human life . The prosecutor does not have to prove that Denise formed this intent with respect to the jogger herself , because the doctrine of transferred intent applies . The prosecutor must ... Found inside – Page 393To constitute depraved indifference murder, the action must rise above mere recklessness. It must be “'so wanton, ... wanton and so callously indifferent to human life as to constitute a depraved indifference to human life. The defendant's ... Found inside – Page 874Defendant filed a 440 motion based upon the new law concerning depraved indifference to human life and insufficient evidence . In 2004 , the Honorable Joseph Alessandro denied defendant's 440 motion in its entirety finding that a challenge ... An Audi sports car, speeding in the wrong lane, forces an oncoming van off the road. Found inside – Page 11-82Defines the phrase " depraved indifference to human life " as the use of a chemical or biological weapon without regard to the number of persons , other than the intended victim or victims , who may be killed or injured by such weapon ... Found inside – Page 76[11] Ricky's attempt to save Chip's life might also serve to undermine the ele- ment of depraved indifference to the value of human life. Found insideIf you had the right touch, if you knew how to press one button lightly and another button with a bit more force, you could make the emotional side of a person swing up and down as you wished. —from Depraved Indifference First published ... Found inside – Page 554The counts of the indictment charging the defendant with reckless endangerment each alleged that the defendant " under circumstances evincing a depraved indifference to human life , recklessly engaged in conduct which created a grave risk ... Examines traditional safeguards against mistaken eyewitness identification. Found inside – Page 913... fits within the accepted underwhile acting under circumstances evincing standing of the kind of recklessness involving depraved indifference to human life does not ' a depraved indifference to human life ' " ( id . , violate any substantive due ... Found inside23 A defendant who acts in this fashion is viewed as manifesting an “abandoned and malignant heart” or “depraved indifference to human life. Found inside – Page 359Opinion by SMITH , J. and depraved indifference to human life ( required for a depraved indifference murder or first degree reckless endangerment conviction ) can be hard to grasp , especially in a disturbing case like this one . Consciously to ... Found inside – Page 430Depraved indifference and intent. Is depraved indifference to human life a lesser form of culpability included within intent to kill? Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's ... Found inside... the victim was a policeman.7 I did not think “a depraved indifference to human life” meant wild eyes and slavering over the rifle. Found insideAppeal of second-degree, depraved indifference murder conviction. ... under circumstances evidencing a depraved indifference to human life, ... Found inside – Page 26Depraved indifference warfare occurs when attackers exhibit a wonton ... they were inflicting was evidence of a depraved indifference to human life. Found inside – Page 430Depraved indifference and intent. Is depraved indifference to human life a lesser form of culpability included within intent to kill? Found inside – Page A-1320It must be " ' so wanton , so deficient in a moral sense of concern , so devoid u regard of the life or lives of others , and so ... so gross , 80 wanton and so callously indifferent to human life as to constitute a depraved indifference to human life . Found inside – Page 157Such defendants know that they are directly risking the lives of passers-by and ... displays a wanton and depraved indifference to any human life that might ... Found inside—Depraved indifference is an utter disregard for human life, characterized by depravity and indifference; it is not a lesser included offense of intentional ... Small-town America, no gangs, no graffiti, but the all-white kids are ankle deep in drugs and kinky sex. Found inside – Page 51What, for starters, did depraved indifference to human life mean? Jaywalker checked the two definition sections of the penal law, first the general one near ... These are just two of the many cases that portray mothers as the major source of health risk for their children. Found inside – Page 505... 60 NY2d 620 ) , we find that the People presented sufficient evidence from which a rational jury could find that under circumstances evincing a depraved indifference to human life , the defendant recklessly engaged in conduct which created ... Found insideNATURE OF CASE: Appeal of second-degree, depraved indifference murder conviction. ... under circumstances evidencing a depraved indifference to human life, ... The stories in Depraved Indifference are the stories of ordinary people. Found inside – Page 199Depraved Indifference to Human Life Some statutory schemes allow charging a child abuser with an act that evidenced depraved indifference to the value of ... Found inside – Page 925Cite as , Ky . , 975 S . W . 2d 925 indifference to the value of human life . statute is fairness . ... 020 ( 1 ) ( b ) is to as ' depraved heart murder , ' which has sufficient to withstand constitutional challong been a part of the law . ” Id . 489 A . 2d at ... 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