People v. Jay Barboni


AD4 order dated December 23, 2011, affirming judgment of conviction. Decision below: 90 A.D.3d 1548, 935 N.Y.S.2d 771. Ciparick, J., granted leave April 16, 2012.

ISSUES PRESENTED: (1) The sufficiency of the evidence of depraved indifference murder of 15-month-old child. (2) Whether trial counsel was ineffective for failing to challenge for cause a prospective juror who was predisposed to credit police testimony. (3) Evidence seized in violation of the right to counsel. (Assigned counsel: Mary P. Davison, 61 North Main St., P.O. Box 652, Canandaiga, N.Y. 14424.)

Sufficiency of evidence of depraved indifference murder; IAC for failing to challenge a prospective juror