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PEOPLE v. MATOS

No. 86.

19 N.Y.3d 470 (2012)

2012 NY Slip Op 4204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZAHIRA MATOS, Appellant.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Margaret E. Knight and Richard M. Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent Rivellese and Hilary Hassler of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

CIPARICK, J.

We are asked to consider whether the evidence was sufficient to show that defendant possessed the culpable mental state of depraved indifference to human life to warrant a conviction for murder in the second degree as per Penal Law § 125.25 (4) (depraved indifference murder of a child under 11 years old). We hold that the record does not support such a finding and that...

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