PEOPLE v. DINGLE


30 A.D.3d 1121 (2006)

818 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DINGLE, Appellant.

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

June 6, 2006.


Defendant challenges the sufficiency of the evidence supporting his conviction of depraved indifference murder on the ground that the evidence established, instead, an intentional crime. We reject the People's excessively stringent interpretation of preservation and reach the merits of this defense claim. Upon review, we find meritless defendant's contention that the evidence adduced at trial supports a finding of intent, not depraved indifference. But even were the evidence...

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