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In an opinion with the potential to alter dramatically the course of homicide prosecutions, the New York Court of Appeals has greatly restricted the scope of the depraved indifference murder statute. The opinion was drafted to ensure that prosecutors no longer routinely pursue alternate and mutually exclusive theories of intentional and depraved-mind murder. It made clear that the theory should not be used as a "fallback" for a jury unwilling or a prosecutor unable to establish an intentional act of murder.
December 27, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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