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PEOPLE v. SUAREZ

6 N.Y.3d 202 (2005)

844 N.E.2d 721

811 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTOS SUAREZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRISHA McPHERSON, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 2005.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Mark W. Zeno and Robert S. Dean of counsel), for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney, Bronx (Jonathan Zucker, Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent in the first above-entitled action.

Warren S. Landau, New York City, and Lynn W.L. Fahey for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney, Brooklyn (Sholom J. Twersky, Leonard Joblove and Anne C. Feigus of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and R.S. SMITH concur in per curiam opinion; Judges G.B. SMITH, ROSENBLATT and R.S. SMITH concur in a separate concurring opinion; Judge GRAFFEO concurs in result in a separate opinion; Judge READ concurs in result in another opinion.

OPINION OF THE COURT

Per Curiam.

These two appeals call upon the Court, once again, to differentiate depraved indifference murder from other categories of homicide. We begin with the facts.

People v Suarez. On February 22, 2000, in their Bronx apartment, defendant Santos Suarez stabbed his girlfriend, Jovanna Gonzalez, three times — once in the throat, once in the chest and once in the...

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