ALBANY – In the latest twist on "depraved indifference," the Court of Appeals yesterday held that the phrase does not have the same meaning in Social Services Law as it does in the Penal Law, and consequently the strictures that have frustrated and confounded criminal prosecutors do not apply in civil child-abuse cases.
The court’s unanimous ruling in Matter of Deshawn W., 71, upheld charges that a man inflicted "severe abuse" on a baby who suffered a broken collar bone and several fractured ribs. It also distinguishes and clarifies the standards for a criminal prosecution for depraved indifference as opposed to a prosecution under the Social Services Law.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
