# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · April 21, 1986 · 119 A.D.2d 760

URL: https://www.frixlaw.com/law-library/cases/5885661

## Case

- **Full name:** The People of the State of New York v. Albert Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 21, 1986
- **Citations:** 119 A.D.2d 760; 501 N.Y.S.2d 168; 1986 N.Y. App. Div. LEXIS 55689
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5885661

## Opinion text

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (McNab, J.), rendered July 1, 1983, convicting him of murder in the second degree, after a nonjury trial, and imposing sentence.
Judgment affirmed.
We find that the People proved beyond a reasonable doubt that the defendant was responsible for the death of his 22-month-old stepson. Viewed in the light most favorable to the People, the evidence established that the defendant held his *761 stepson in a bathtub full of scalding water long enough to cause second and third degree burns to the child on 90% of his body, which injuries subsequently resulted in the child’s death. We further find that this conduct evidenced a depraved indifference to human life and was conduct which presented a grave risk of death to the child. Accordingly, it was proper for the court to find the defendant guilty of depraved indifference murder rather than manslaughter (see, People v Register, 60 NY2d 270 , cert denied 466 US 953 ; People v McNeeley, 77 AD2d 205 ).
The defendant’s other contentions are meritless. Niehoff, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5885661. Public record. Not legal advice.