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PEOPLE v. HERRERA

Ind. No. 2615/16. Appeal No. 15093. Case No. 2018-4686.

202 A.D.3d 517 (2022)

162 N.Y.S.3d 61

2022 NY Slip Op 00949

The People of the State of New York, Respondent, v. Jean Herrera, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 10, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John Vang of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

The verdict with regard to the finding of depraved indifference was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 349 [2007]). Depraved indifference is a culpable mental state and "`is best understood as an utter disregard for the value of human life—a willingness to act not because one intends harm, but because one simply doesn't care whether grievous...

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