This 13-year-old defendant was acquitted of intentional murder but found guilty of depraved indifference murder and felony murder. The trial court sentenced defendant on the depraved indifference murder count, but set aside the felony murder verdict as a nullity, pursuant to CPL 310.85 (2) and Penal Law § 10.00 (18), in that a 13 year old is criminally responsible for depraved indifference murder but not felony murder.
In the early morning hours of November 14...
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