Rivera v. Cuomo, et al., No. 10-224 (2d Cir. 2011)
Annotate this CasePetitioner was convicted of one count of depraved indifference murder in violation of New York Penal Law 125.25(2) after his estranged wife died from a single gunshot wound to the head at point-blank range. At issue was whether, under the law as it existed when petitioner's conviction became final, the evidence was legally sufficient to support a conviction for depraved indifference murder. As a preliminary matter, the court held that the district court erred in finding that the applicable law of depraved indifference murder was the law in effect when petitioner was convicted at trial. The court held that, although perhaps some point-blank shootings could still have been categorized as depraved indifference murder when petitioner's conviction became final, by that time, under any reasonable view of the evidence adduced at trial, petitioner's point-blank shooting, which was either undoubtedly intentional or accidental in the course of a struggle, could not support a depraved indifference murder conviction. As such, by upholding petitioner's conviction for depraved indifference murder in July 2004, the state courts unreasonably applied federal law. Accordingly, the court reversed and remanded with instructions to grant the petition for a writ of habeas corpus.
The court issued a subsequent related opinion or order on December 16, 2011.
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