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People v. Bovio
New York Supreme Court, Appellate Division
206 A.D.3d 1568, 168 N.Y.S.3d 632 (2022)
- Written by Eric Miller, JD
Facts
Donald Bovio (defendant) violently pushed his three-year-old son to the floor, resulting in death. At trial in the county court, Bovio entered a guilty plea. As part of the allocution, Bovio mentioned that he had cared about his son. The court convicted Bovio of second-degree murder, i.e., depraved-indifference murder. Bovio appealed, arguing that his allocution negated the requisite mens rea.
Rule of Law
Issue
Holding and Reasoning (Memorandum opinion)
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