ALBANY – For the first time in 11 years, the state Court of Appeals on Tuesday upheld a conviction for depraved indifference murder as the court returned to the often-revisited topic of mens rea in homicide cases.
As Judge Robert Smith (See Profile) pointed out in a concurrence, the ruling was the first time in 18 appeals the court has heard since 2002 that the judges have found sufficient grounds to uphold a depraved indifference murder conviction.
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