PEOPLE v. STEVENS


51 A.D.2d 659 (1976)

The People of the State of New York, Respondent, v. Morris A. Stevens, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 16, 1976


Judgment unanimously affirmed.

Memorandum:

Three issues are raised by defendant-appellant upon this appeal, to wit (1) that the facts do not as a matter of law bring the case within the statute defining reckless murder under circumstances evincing a depraved indifference to human life (Penal Law, § 125.25, subd 2), (2) that the People failed to prove beyond a reasonable doubt that defendant possessed substantial capacity to know and appreciate the consequences...

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