PEOPLE v. LEWIE

No. 113.

17 N.Y.3d 348 (2011)

953 N.E.2d 760

929 N.Y.S.2d 522

2011 NY Slip Op 4766

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALICIA LEWIE, Appellant.

Court of Appeals of New York.

Decided June 9, 2011.


Attorney(s) appearing for the Case

Matthew C. Hug, Troy , for appellant.

Kathleen B. Hogan , District Attorney, Lake George ( Emilee B. Davenport , of counsel), for respondent.

Derek Champagne , District Attorney, Albany ( Morrie I. Kleinbart , of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Judge SMITH;


OPINION OF THE COURT

SMITH, J.

A jury convicted defendant of second degree manslaughter and first degree reckless endangerment for her role in the events leading to the death of her son. In so doing, the jury found that defendant acted both recklessly and with depraved indifference to human life. We hold that the record supports the jury's finding as to the first of these mental states, but not the second. We therefore uphold the conviction for manslaughter...

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