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PEOPLE v. PARRELLA

4 A.D.3d 132 (2004)

771 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JODY PARRELLA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX PINIERO, Appellant.

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

February 10, 2004.

The verdicts convicting defendant Parrella of assault and defendant Piniero of murder, each under a depraved indifference theory, were based on legally sufficient evidence and were not against the weight of the evidence (see People v Bleakley, 69 N.Y.2d 490 [1987]). There is no basis for disturbing the jury's determinations concerning credibility and the resolution of conflicting expert testimony. The evidence warrants the conclusion...

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