People v. Roe case brief

People v. Roe case brief summary
542 N.E.2d 610 (1989)

CASE SYNOPSIS

Defendant appealed from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (New York) affirming his conviction for second degree, depraved indifference, murder, in violation of N.Y. Penal Law § 125.25(2). Defendant asserted that the evidence was insufficient to sustain his conviction.

CASE FACTS
Defendant, a juvenile who was familiar with guns, deliberately loaded a random mix of live and dummy shells into a shotgun and fired point-blank at the victim, who was killed. Defendant was convicted of depraved indifference murder under N.Y. Penal Law § 125.25(2). Defendant's conviction was affirmed on appeal, and he sought review, asserting that the evidence was insufficient to support his conviction.

DISCUSSION

• The court held that the prosecution was required to show that defendant's reckless conduct was imminently dangerous and presented a grave risk of death. 
• Such proof did not focus on defendant's mens rea, but on an objective assessment of the degree of risk presented by defendant's conduct. 
• Defendant's subjective mental state was only relevant to proving recklessness and not pertinent to proof of whether his conduct objectively created a very substantial risk of death. 
• After reviewing the evidence, the court found that there was sufficient evidence to support the conviction. 
• Any rational trier of fact could have concluded that the objective circumstances surrounding defendant's conduct elevated the gravity of the risk such that defendant had a depraved indifference to human life.

CONCLUSION
The order affirming defendant's conviction was affirmed. Sufficient evidence existed such that a rational trier of fact could have concluded that defendant acted recklessly and that his conduct objectively created a very substantial risk of death such that he had acted with a depraved indifference to human life.

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