PEOPLE v. ELLIOTT


288 A.D.2d 907 (2001)

732 N.Y.S.2d 392

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT C. ELLIOTT, Appellant.

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

Decided November 9, 2001.


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) in connection with the death of his girlfriend. The evidence, viewed in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620, 621), establishes that the cause of death was strangulation. Contrary to defendant's contention, evidence...

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