The People of the State of New York, Respondent v. Santos Suarez, Appellant; the People of the State of New York…

Summary

The Court reversed the second‑degree murder (depraved indifference) convictions of Santos Suarez and Trisha McPherson and remanded the cases for further proceedings, holding that the statutory elements of depraved indifference murder were not satisfied in either case. The majority clarified that depraved indifference murder requires conduct that is both extremely reckless and demonstrates an utter disregard for human life, a standard not met by the one‑on‑one stabbings at issue. The opinion also limited the scope of the statute to a small, finite category of cases and warned against its routine use as a fallback charge. Separate opinions by Judges Graffeo, Smith et al., and Read dissent or concurred in part, contesting the majority’s interpretation and its implications.