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PEOPLE v. SANCHEZ

98 N.Y.2d 373 (2002)

777 N.E.2d 204

748 N.Y.S.2d 312

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSWALDO SANCHEZ, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 2002.

Attorney(s) appearing for the Case

Reyna E. Marder, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges WESLEY and GRAFFEO concur with Judge LEVINE; Judges SMITH and ROSENBLATT dissent and vote to reverse, reduce the conviction to manslaughter in the second degree and remit for resentencing in separate dissenting opinions; Judge CIPARICK dissents and votes to reverse and dismiss the indictment in another opinion.

OPINION OF THE COURT

LEVINE, J.

Defendant was convicted, after a jury trial, of "depraved indifference" murder (Penal Law § 125.25 [2]) for the shooting death of Timothy Range. The sole issue before us is whether the evidence was legally sufficient to support the verdict.

Range and defendant were the boyfriends of two sisters, Monon Washington and Candace Johnson. Range and Monon were together for 10 years, and their union had produced two children...

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