# People v. Payne

> New York Court of Appeals · October 19, 2004 · 3 N.Y.3d 266

URL: https://www.frixlaw.com/law-library/cases/9706088

## Case

- **Full name:** The People of the State of New York, Respondent, v. Kenneth H. Payne, Appellant
- **Court:** New York Court of Appeals
- **Decided:** October 19, 2004
- **Citations:** 3 N.Y.3d 266; 786 N.Y.S.2d 116; 819 N.E.2d 634; 2004 N.Y. LEXIS 2436
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Rosenblatt, Smith, Read
- **Cited by:** 229 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated by People v. Feingold, 7 N.Y.3d 288 (2006).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9706088

## How later opinions describe it (automated extraction)

- stating that Hafeez, Gonzalez, and Sanchez “made it clear that depraved indifference murder may not be properly charged in the overwhelming majority of homicides that are prosecuted in New York”
- reversing conviction and noting that recent cases “have made it clear that depraved indifference murder may not be properly charged in the overwhelming majority of homicides that are prosecuted in New York”
- explaining that “[indifference to the victim’s life ... contrasts with the intent to take it”
- holding that “intentional murder does not require planning or contrivance”
- noting cases where "a defendant lacking the intent to kill (but oblivious to the consequences and with depraved indifference to human life) shoots into a crowd or otherwise endangers innocent bystanders”

## Opinion text

R.S. Smith, J. (concurring).
I join the Court’s opinion, though I appreciate the force of the dissent’s argument that it is difficult to distinguish People v Hines ( 97 NY2d 56 [2001]). In joining the majority, I am influenced to some degree by my doubt that the rule of Hines is a wise one. I think the majority is correct in giving Hines a restrictive reading.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9706088. Public record. Not legal advice.