People v. Bussey, 20 N.Y.3d 231 (2012)

To sustain a conviction for depraved indifference murder, the prosecution must demonstrate the defendant’s utter disregard for human life; and the merger doctrine does not apply to a kidnapping charge where the acts constituting the kidnapping are separate and distinct from the acts causing the victim’s death.

Summary

Bussey was convicted of depraved indifference murder, felony murder, and kidnapping in the first degree. The New York Court of Appeals modified the Appellate Division’s order, reducing the depraved indifference murder conviction to manslaughter in the second degree, but otherwise affirmed. The Court held that while the evidence supported a finding of recklessness, it did not demonstrate the utter disregard for human life necessary for depraved indifference murder. Additionally, the Court found the merger doctrine inapplicable because the kidnapping acts (transporting the victim) were distinct from the acts causing death (the initial beating). The court emphasized that the victim was alive during the asportation, thus supporting separate convictions for kidnapping and felony murder.

Facts

The victim was severely beaten by Bussey and two others at Bell’s residence. An eyewitness reported observing the beating. Police found blood evidence at the scene and in Bussey’s car, linking him to the crime. Cell phone records placed Bussey, Bell, and Thomas in contact before the beating. Bussey admitted to transporting the victim, who was wrapped in a blanket, in the trunk of his car to a creek in Poughkeepsie, approximately 18 miles away. Medical evidence showed the victim died from blunt force trauma and had vomited while wrapped in the blanket, aspirating the vomit.

Procedural History

Bussey was charged with multiple counts of murder and kidnapping. The trial court denied his motion to dismiss the depraved indifference murder, felony murder, and kidnapping charges. The jury acquitted him of intentional murder but convicted him on other charges. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal and modified the judgment, reducing the depraved indifference murder conviction.

Issue(s)

1. Whether the evidence was sufficient to sustain a conviction for depraved indifference murder under People v. Suarez.
2. Whether the merger doctrine should apply to the felony murder and kidnapping charges, arguing that the kidnapping was incidental to the murder.

Holding

1. No, because the evidence did not demonstrate the “utter disregard for the victim’s life to the extent that he did not care whether the victim was killed,” required for depraved indifference murder.
2. No, because the acts constituting the kidnapping were separate and distinct from the acts that caused the victim’s death.

Court’s Reasoning

Regarding depraved indifference murder, the Court cited People v. Feingold, stating it