1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 7 N.Y.3d
  5. 7 N.Y.3d 588 (2006)
 

POLICANO v. HERBERT

7 N.Y.3d 588 (2006)

859 N.E.2d 484

825 N.Y.S.2d 678

DAVID POLICANO, Respondent, v. VICTOR T. HERBERT, Appellant.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Rhea A. Grob of counsel), for appellant.

Law Offices of Richard Ware Levitt, New York City (Richard Ware Levitt of counsel), for respondent.

Judges ROSENBLATT, GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge KAYE dissents in part in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

READ, J.

The United States Court of Appeals for the Second Circuit has posed three certified questions that call upon us to address New York law regarding depraved indifference murder at the time defendant David Policano's conviction for this crime became final on June 28, 2001, and to answer related questions. We begin by rehearsing the relevant facts and prior proceedings in this case.

I.

On January 21, 1997, Raphaela...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases