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PEOPLE v. MALDONADO

No. 135.

24 N.Y.3d 48 (2014)

18 N.E.3d 391

993 N.Y.S.2d 680

2014 NY Slip Op 4878

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MALDONADO, Appellant.

Court of Appeals of New York.

Decided July 1, 2014.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Joshua M. Levine of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Diane R. Eisner , Leonard Joblove and Victor Barall of counsel), for respondent.

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

OPINION OF THE COURT

RIVERA, J.

In this appeal, we conclude that the evidence was legally insufficient to support defendant's conviction for depraved indifference murder because the circumstances of this high-speed vehicular police chase do not fit within the narrow category of cases wherein the facts evince a defendant's utter disregard for human life. Accordingly, we modify the Appellate Division's order by reducing...

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