New York Court of Appeals

The People of the State of New York, Respondent v. Jose Lynch, Appellant

October 24, 200095 N.Y.2d 243

Summary

The Court of Appeals affirmed the conviction for first degree reckless endangerment, finding that the evidence was sufficient to support a finding of depraved indifference. It also held that the trial court's denial of two challenges for cause did not constitute reversible error because the defendant had not exhausted his peremptory challenges. Judge Smith dissented, arguing that the peremptory challenges were exhausted and the denial of challenges required reversal.