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PEOPLE v. ROE

74 N.Y.2d 20 (1989)

The People of the State of New York, Respondent, v. Steven D. Roe, a Juvenile Offender, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1989.

Attorney(s) appearing for the Case

Joel Martin Aurnou for appellant.

Carl A. Vergari, District Attorney (Bruce Edward Kelly and Maryanne Luciano of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA dissents and votes to reverse in a separate opinion.

HANCOCK, JR., J.

In defendant's appeal from his conviction for depraved indifference murder (Penal Law § 125.25 [2])1 for the shooting death of a 13-year-old boy, the sole question we address is the legal sufficiency of the evidence. Defendant, a 15½-year-old high school student, deliberately loaded a mix of "live" and "dummy" shells at random into the magazine of a 12-gauge...

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