An appeals panel in Rochester has upheld a depraved indifference murder conviction in what it described as “one of those rare cases” where a charge of either intentional or depraved mind homicide would have been appropriate.
People v. Archie, 11-00408, arose from an incident in Syracuse in 2007, when the defendant was “jumped” at school by a fellow student who lived in the Pioneer Homes housing development. Three days later, Nakeem Archie, went to the development with a .22-caliber pistol and indiscriminately fired several shots at a group of three people, killing one and seriously injuring another.
