People v. Montes
Court: Appellate Division of the Supreme Court of the State of New York; March 7, 1996; New York; State Appellate Court
In the early morning hours of February 22, 1992, Danny Montes was ejected from Costa’s Inn in Rochester, leading to a violent confrontation involving several individuals. Jose Jimenez intervened, prompting a physical altercation where Danny's brother, Endeni Montes, punched Jimenez. In response, Jimenez drew a gun and shot Endeni in the shoulder before fleeing. The Montes brothers pursued Jimenez, during which Endeni retrieved a baseball bat from his car and handed it to Danny. Upon catching Jimenez, the brothers tripped him, and Danny repeatedly struck him with the bat while the others kicked him. Jimenez succumbed to his injuries six hours later. The defendants were charged with two counts of second-degree murder: intentional murder and depraved indifference murder. Both were acquitted of intentional murder but convicted of depraved indifference murder. On appeal, Danny Montes contended that the evidence was insufficient to demonstrate depravity, but this argument was deemed unpreserved for review as he failed to specify it during his motion to dismiss. The court declined to review it as a matter of discretion. Both defendants argued that their convictions were against the weight of the evidence, but the court found that a reasonable jury could conclude they acted with depraved indifference. The court also rejected claims that the relevant Penal Law was unconstitutionally vague, affirming that their conduct clearly fell within the statute's boundaries. Ultimately, the court declined to modify Danny's sentence in the interest of justice. The judgment was appealed from the Supreme Court, Monroe County.