Garbutt v. Conway, No. 10-1039 (2d Cir. 2012)Annotate this Case
Petitioner was convicted in New York state court of second-degree murder on a theory of depraved indifference to human life in violation of New York Penal Law 125.25. Petitioner appealed the judgment of the district court denying his petition for writ of habeas corpus under 28 U.S.C. 2254, contending that the evidence was insufficient to support his conviction, arguing that the killing could only properly have been found to have been intentional, and not reckless as required under New York law for a conviction of depraved indifference murder. The court could not conclude that the evidence was insufficient to support the jury's entirely reasonable verdict where petitioner impulsively decided to confront his ex-girlfriend, the victim, just hours before the attack, which occurred on a public street, and struck multiple blows with his knife in the direction of both the victim and the victim's daughter.