New York Court of Appeals
The People of the State of New York, Respondent v. Kenneth H. Payne, Appellant
October 19, 20043 N.Y.3d 266
Summary
The New York Court of Appeals reversed the conviction for depraved indifference murder, holding that a point‑blank single shot with intent to kill does not satisfy the statutory requirement of reckless conduct lacking intent. The Court also held that the defendant preserved his claim for review because the trial court had reserved decision on the CPL 290.10 motion. A dissent argued the claim was not preserved and the Court lacked jurisdiction, while a concurrence joined the majority but expressed doubt about the scope of the Hines rule.