Defendant appeals from a judgment of the Supreme Court, Richmond County, convicting him of "depraved indifference" murder (Penal Law § 125.25 [2]), upon a jury verdict, and imposing sentence. The core issue is whether the trial court erred in declining his request to give an instruction that justification constitutes a defense to depraved mind murder. The question is somewhat complicated by the fact that a justification instruction...
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