PEOPLE v. BARBONI

No. 102

21 N.Y.3d 393 (2013)

994 N.E.2d 820

971 N.Y.S.2d 729

2013 NY Slip Op 4269

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAY J. BARBONI, Appellant.

Court of Appeals of New York.

Decided June 11, 2013.


Attorney(s) appearing for the Case

Davison Law Office PLLC, Canandaigua ( Mary P. Davison of counsel), for appellant.

Gregory S. Oakes , District Attorney, Oswego, for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and RIVERA concur with Judge PIGOTT; Judge SMITH concurs in result in an opinion; Judge ABDUS-SALAAM taking no part.


OPINION OF THE COURT

PIGOTT, J.

On this appeal, we are called upon to address the impact of this Court's recent jurisprudence concerning depraved indifference to human life, where defendant is accused of repeatedly striking a victim less than 11 years old and failing to summon medical assistance before the child dies. In this case we hold that there was sufficient evidence to convict defendant of depraved...

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