People v. Guetis

189 A.D.2d 692, 592 N.Y.S.2d 712, 1993 N.Y. App. Div. LEXIS 453

Opinion

Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered March 20, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 8 years to life, unanimously modified to reduce the sentence imposed to a term of 5 years to life imprisonment, and otherwise affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s depraved indifference in recklessly causing the victim’s death by loading a revolver with one bullet as a part of a kind of "Russian Roulette” game and thereafter pulling the trigger twice and shooting him in the head, was proven beyond a reasonable doubt. As defendant’s recklessness was not in issue, his possible intoxication before, and remorse after, the shooting were irrelevant (see, People v Register, 60 NY2d 270, 280; People v Roe, 74 NY2d 20, 27). Under the circumstances, we find the sentence imposed to be excessive, as indicated. Concur—Murphy, P. J., Ellerin, Wallach, Asch and Kassal, JJ. [As amended by unpublished order entered March 23, 1993.]