Appellate Division of the Supreme Court of New York, 2002

People v. Herriot

Appellate Division of the Supreme Court of New York · Decided May 28, 2002

294 A.D.2d 599; 742 N.Y.S.2d 887; 2002 N.Y. App. Div. LEXIS 5638

Cases that cite this one

1 later published case cites this decision.

People v. Peck (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellant review his *600contention that the preindictment delay deprived him of due process (see People v Cedeno, 52 NY2d 847, 848; People v Champelle, 144 AD2d 378), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish that the defendant acted with depraved indifference (see People v Roe, 74 NY2d 20, 24; People v Smith, 255 AD2d 404, 405; People v Dellemand, 205 AD2d 551, 552). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Altman, J.P., S. Miller, McGinity and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.