PEOPLE v. STEWART


36 A.D.3d 1156 (2007)

828 N.Y.S.2d 670

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CASEY STEWART, Appellant.

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

Decided January 25, 2007.


Mercure, J.

In 1995, defendant was convicted of depraved indifference murder based upon, among other things, his admission that he repeatedly struck his foster father on the back of the head with a fireplace poker in order to keep him from "getting up and coming toward [defendant]." Upon defendant's 1997 appeal, this Court affirmed the conviction, concluding that it was supported by legally sufficient evidence and not against the weight of the evidence, and the Court...

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