People v. Martinez, 22 N.Y.3d 972 (2013)
A conviction for depraved indifference murder requires proof of a culpable mental state, and is not established where the evidence points to an intentional killing.
Summary
Martinez was convicted of depraved indifference murder for fatally shooting Lee after an altercation. The New York Court of Appeals modified the Appellate Division’s order, vacating the depraved indifference murder conviction and dismissing that count of the indictment. The Court held that the evidence presented, which indicated Martinez obtained a gun and fired multiple shots at close range after chasing Lee, was inconsistent with depraved indifference murder, which requires a culpable mental state distinct from intent to kill. The court remitted for resentencing and granted the People leave to present a charge of manslaughter to a new grand jury.
Facts
Defendant Martinez, a drug dealer, argued with Lee, a prospective drug buyer. The argument escalated into a physical fight. Martinez retrieved a gun, chased Lee into a building, and fired four or five shots at him. Lee died from a gunshot wound to the chest, and a bystander was also wounded when Lee attempted to use him as a shield.
Procedural History
Martinez was indicted on charges of intentional murder, depraved indifference murder, assault, and weapons offenses in 1991. He was a fugitive until 1995, was tried, and the trial court denied Martinez’s motion to dismiss the depraved indifference murder count. The jury acquitted Martinez of intentional murder but convicted him of depraved indifference murder, assault, and criminal possession of a weapon. The Appellate Division affirmed the conviction. A dissenting Appellate Division Justice granted Martinez leave to appeal to the Court of Appeals.
Issue(s)
- Whether the evidence was legally sufficient to establish Martinez’s guilt of depraved indifference murder.
- Whether the defendant adequately preserved the argument that a blatantly intentional killing cannot constitute depraved indifference murder.
Holding
- Yes, the evidence was insufficient.
- Yes, the defendant adequately preserved his argument.
Court’s Reasoning
The Court of Appeals reasoned that its jurisprudence on depraved indifference murder had evolved, shifting from an objective degree-of-risk standard to requiring a culpable mental state. The court noted its prior holding in People v. Feingold, 7 N.Y.3d 288 (2006), which explicitly overruled People v. Register, 60 N.Y.2d 270 (1983) and People v. Sanchez, 98 N.Y.2d 373 (2002), clarifying that “depraved indifference to human life” is a culpable mental state. The court emphasized that intent to kill and depraved indifference are incompatible states of mind. A point-blank shooting, the court stated, is ordinarily not considered depraved indifference murder. The court found Martinez’s actions inconsistent with depraved indifference, which requires indifference to the result. The court also found that Martinez adequately preserved his argument by moving to dismiss the depraved indifference murder count at trial, arguing that the evidence pointed to intentional conduct rather than reckless disregard.