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PEOPLE v. HAFEEZ

100 N.Y.2d 253 (2003)

792 N.E.2d 1060

762 N.Y.S.2d 572

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. RAVIE HAFEEZ, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Roger Bennet Adler, P.C., New York City (Roger Bennet Adler of counsel), for appellant-respondent.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano and Roni C. Piplani of counsel), for respondent-appellant.

Chief Judge KAYE and Judges SMITH, WESLEY and GRAFFEO concur with Judge CIPARICK; Judge ROSENBLATT concurs in result in a separate opinion; Judge READ dissents in part and votes to additionally reinstate defendant's conviction for murder in the second degree in another opinion.

OPINION OF THE COURT

CIPARICK, J.

We recently held in People v Sanchez (98 N.Y.2d 373 [2002]) that, in the circumstances presented in that prosecution, a jury could reasonably find defendant's homicidal level of mental culpability to be reckless rather than intentional. We are once again faced with the same question, but inasmuch as there is no record support here...

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