PEOPLE v. PARKER


29 A.D.3d 1161 (2006)

814 N.Y.S.2d 818

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAY PARKER, Also Known as TRIFE, Appellant.

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

May 18, 2006.


CARPINELLO, J.

Defendant was indicted for both intentional and depraved indifference murder as a result of an incident in the early morning hours of December 27, 2002 wherein he shot and killed Pat Johnson (hereinafter the victim). Following a jury trial, he was acquitted of intentional murder but found guilty of depraved indifference murder. Sentenced to a prison term of 25 years to life, he now appeals. We affirm.

There can be no doubt that "[w]hat precisely...

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