PEOPLE v. BROOKS


117 A.D.2d 972 (1986)

The People of the State of New York, Respondent, v. William Brooks, Appellant

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

February 21, 1986


Judgment unanimously affirmed.

Memorandum:

The record shows that the defendant, while under the influence of alcohol, argued with the decedent and twice fired a shotgun loaded with deer slugs, striking decedent at close range. Under these circumstances, the jury was entitled to find that because of his intoxication, defendant lacked the intent to kill, yet he recklessly caused the death of the victim under "circumstances evincing a depraved indifference to...

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