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PEOPLE v. HEIDGEN

Nos. 174, 176, 177, Ind. No. 1910N/05

22 N.Y.3d 259 (2013)

3 N.E.3d 657

980 N.Y.S.2d 320

2013 NY Slip Op 7757

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN HEIDGEN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TALIYAH TAYLOR, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN McPHERSON, Appellant.

Court of Appeals of New York.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Jillian S. Harrington , Monroe Township, New Jersey, for appellant in the first above-entitled action.

Kathleen M. Rice , District Attorney, Mineola ( Maureen McCormick , Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent in the first above-entitled action.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Erica Horwitz of counsel), for appellant in the second above-entitled action.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Anne Grady and Morrie I. Kleinbart of counsel), for respondent in the second above-entitled action.

Edelstein & Grossman, New York City ( Jonathan I. Edelstein of counsel), for appellant in the third above-entitled action.

Kathleen M. Rice , District Attorney, Mineola ( Maureen McCormick , Tammy J. Smiley and Jason R. Richards of counsel), for respondent in the third above-entitled action.

Frank A. Sedita, III , District Attorney, Buffalo, and Anthony Girese , District Attorney, Bronx ( Courtney Robbins and Joseph McCormack of counsel), for District Attorneys Association of the State of New York, amicus curiae in the first, second and third above-entitled actions.

Judges GRAFFEO, PIGOTT, RIVERA and ABDUS-SALAAM concur with Chief Judge LIPPMAN; Judge SMITH dissents in an opinion in which Judge READ concurs in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendants in these three appeals challenge their convictions of depraved indifference murder. Each defendant drove in an outrageously reckless manner while intoxicated by alcohol or drugs and caused the death of at least one other person. Defendants maintain that the evidence was not legally sufficient to support their convictions — specifically, that there...

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