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 affirmed the conviction for first degree reckless endangerment, finding sufficient evidence of depraved indifference, and held that the trial court's denial of challenges for cause did not constitute reversible error because the defendant had not exhausted his peremptory challenges. Justice Smith dissented, arguing that the challenges for cause were improper and that the exhaustion rule required reversal.