The People of the State of New York, Appellant v. Walter Gonzalez, Respondent

Summary

The Court of Appeals affirmed the Appellate Division's reversal of defendant's depraved indifference murder conviction, holding that the evidence legally supported only intentional murder. Defendant aimed a gun at the victim and shot him ten times at close range, including after he fell; such conduct reflects a conscious objective to kill, not reckless indifference. Because a defendant cannot act both intentionally and recklessly as to the same result, the trial court erred in submitting the depraved indifference count to the jury.