People v. Gonzalez

Summary

The New York Court of Appeals affirmed the reversal of Walter Gonzalez's conviction for depraved indifference murder. The court held that the evidence established an intentional killing, not reckless conduct constituting depraved indifference murder, and that intentional and depraved indifference murder are inconsistent theories as to the same result.

Holdings

1. Evidence that a defendant intentionally aims a gun at a victim and shoots the victim repeatedly at close range, including after the victim has fallen, is legally insufficient to establish depraved indifference murder because it demonstrates a conscious objective to cause death rather than reckless indifference to whether death occurs.
2. A defendant cannot act both intentionally and recklessly with respect to the same result; intentional murder and depraved indifference murder are inconsistent counts because guilt of one necessarily negates guilt of the other.
3. Evidence that a defendant acted from fear, anger, or extreme emotional disturbance does not negate intent and does not transform an intentional killing into reckless conduct.

Questions Presented

1. Whether the evidence was legally sufficient to support a conviction for depraved indifference murder when defendant repeatedly aimed and fired a gun at the victim at close range.
2. Whether intentional murder and depraved indifference murder are legally inconsistent mental states with respect to the same result.
3. Whether the trial court erred in submitting the depraved-indifference murder count to the jury and denying defendant's trial-order-of-dismissal motion.

Disposition

affirmed