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People v. Languena

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 587 (N.Y. App. Div. 1987)

Opinion

April 6, 1987

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

The evidence adduced at trial disclosed that defendant had argued with the woman with whom he had been living in the presence of her two young daughters. The defendant eventually drew a gun. He and the woman struggled for the gun, and the defendant ultimately shot her in the back, mortally wounding her. The defendant then pointed the gun at the girls and fled the scene. We find that the foregoing evidence was sufficient to establish that the defendant acted with depraved indifference to human life (see, People v Kanelos, 107 A.D.2d 764; People v Brooks, 117 A.D.2d 972, lv denied 67 N.Y.2d 940). Moreover, upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quality and quantity to establish the defendant's guilt beyond a reasonable doubt (CPL 470.15). Accordingly, the judgment is affirmed. Brown, J.P., Niehoff, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Languena

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 587 (N.Y. App. Div. 1987)
Case details for

People v. Languena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN B. LANGUENA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 6, 1987

Citations

129 A.D.2d 587 (N.Y. App. Div. 1987)

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