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PEOPLE v. LYNCH

95 N.Y.2d 243 (2000)

738 N.E.2d 1172

715 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE LYNCH, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 2000.

Attorney(s) appearing for the Case

Joshua M. Levine, New York City, and Lynn W. L. Fahey for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Rona I. Kugler, John M. Castellano and Nicoletta J. Caferri of counsel), for respondent.

Judges LEVINE, CiPARICK, WESLEY and ROSENBLATT concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

The main issue in this case concerns whether there was legally sufficient evidence of depraved indifference to support defendant's conviction of first degree reckless endangerment.

The complainant, Eric Diaz, was walking with his girlfriend and her sister past a Halloween party in Queens when he was accosted by defendant and several other men. Pointing to his...

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