PEOPLE v. OSORIO


49 A.D.3d 562 (2008)

855 N.Y.S.2d 163

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN OSORIO, Appellant.

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

Decided March 4, 2008.


Ordered that the judgment is affirmed.

The defendant was indicted and tried on charges of intentional murder (see Penal Law § 125.25 [1]) and depraved indifference murder (see Penal Law § 125.25 [2]). The jury acquitted him of intentional murder, but convicted him of depraved indifference murder.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his second written statement to law...

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