PEOPLE v. FLORESTAL


53 A.D.3d 164 (2008)

860 N.Y.S.2d 86

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOVANNIE FLORESTAL, Appellant.

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

June 24, 2008.


Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Susan Axelrod of counsel), for respondent.

TOM, WILLIAMS and ACOSTA, JJ., concur.


OPINION OF THE COURT

LIPPMAN, P.J.

The primary issue raised by this appeal is whether defendant was properly convicted of depraved indifference murder where the jury was instructed to consider the element of depraved indifference based on the objective circumstances surrounding defendant's conduct instead of based on her mental state. Since the jury charge did not provide an accurate definition of depraved indifference, we reverse and remand for a new trial...

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