Parker v. Ercole, No. 10-2510 (2d Cir. 2012)Annotate this Case
Petitioner was convicted in a New York state court of second-degree murder. Petitioner subsequently appealed the denial of his 28 U.S.C. 2254 habeas petition. The court held that because the evidence was sufficient to support petitioner's conviction of "depraved indifference" murder under New York law, his counsel's failure to preserve a claim of insufficiency in the trial court was not prejudicial.