Summary
This uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, affirms the defendant's convictions for murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree. The court determined that the evidence was legally sufficient and not against the weight of the evidence, emphasizing the defendant's indiscriminate shooting at a crowd. Arguments regarding ineffective assistance of counsel and excessive sentencing were also found to be without merit.
Topics
Practice areas
Questions Presented
- Whether the evidence was legally sufficient to support the convictions for murder in the second degree and reckless endangerment
- Whether the appellant was denied effective assistance of counsel
- Whether the sentence imposed was excessive
Holdings
- The evidence was legally sufficient; the convictions are affirmed.
- The appellant received effective assistance of counsel; the claim is without merit.
- The sentence was not excessive.
Key quotations
“The evidence at trial demonstrated that the defendant acted with depraved indifference to human life when she shot indiscriminately at a crowd of people, including children.” (at 1)
Factual background
The appellant shot indiscriminately into a crowd, including children, resulting in a murder conviction and other offenses. She asserted that the evidence was insufficient and that counsel was ineffective.
Procedural history
The defendant was convicted by the Supreme Court, Kings County on February 28, 2018. She appealed the convictions and sentence to the Appellate Division, Second Department.