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

Summary

The New York Court of Appeals reversed the depraved indifference murder convictions of Santos Suarez and Trisha McPherson, holding that the conduct in each case did not satisfy the statutory elements of depraved indifference murder. The Court clarified that the offense requires circumstances evincing a depraved indifference to human life, a reckless act creating a grave risk of death, and is limited to rare situations such as abandonment of a helpless victim or extreme brutality. The judgments were remanded for further proceedings. Judge Graffeo, J. filed a partial concurrence/dissent, and Justices Smith and Read filed concurring opinions.