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PEOPLE v. NIX

173 A.D.2d 285 (1991)

The People of the State of New York, Respondent, v. James Nix, Appellant

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

May 14, 1991

Viewing the evidence in a light most favorable to the People, a reasonable trier of fact could find beyond a reasonable doubt that defendant was guilty of depraved indifference assault (Penal Law § 120.10 [3]). Defendant contends that there was no evidence from which the jury could conclude that his shaking his infant son was so obviously and inevitably deadly as to indicate a depraved indifference to human life. The expert...

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