New York Court of Appeals

The People of the State of New York v. Richard Brathwaite

October 11, 198463 N.Y.2d 839

Summary

The Court reversed the Appellate Division, reinstating the defendant's depraved indifference murder conviction and the consecutive felony‑murder sentences, and remanded for further proceedings. It held that a defendant may be convicted of depraved indifference murder as an accomplice without proof he fired the fatal shot, that the evidence supported submitting the charge to the jury, and that the felony‑murder sentences may run consecutively because each death resulted from a separate act.