PEOPLE v. DANIELSON


40 A.D.3d 174 (2007)

832 N.Y.S.2d 546

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHALIL DANIELSON, Also Known as KHALI DANIELSON, Appellant.

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

March 27, 2007.


Attorney(s) appearing for the Case

James Neuman, New York City, for appellant.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.

FRIEDMAN, NARDELLI and CATTERSON, JJ., concur with GONZALEZ, J.; MAZZARELLI, J.P., dissents in a separate opinion.


OPINION OF THE COURT

GONZALEZ, J.

On this appeal, defendant asks us to reverse his conviction of depraved indifference murder on the grounds that the trial evidence was legally insufficient to support such conviction, or, alternatively, because the jury's verdict was against the weight of the evidence. We reject both arguments because defendant failed to preserve his legal sufficiency claim and his weight of the evidence argument fails to demonstrate that...

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