AD4: massive overkill = intentional killing or no other

People v Rodriguez, 2006 NY Slip Op 08354 [available here]

The defendant in Rodriguez left very little to chance he set out to kill his victim--"the victim was shot twice in the head, stabbed six times in the neck, shoulder and abdomen, and struck 13 times in the head with a hammer, causing four skull fractures . . . after the shootings, stabbings, and beatings, the victim was left alone in a burning house." (Rodriguez, 2006 NY Slip Op 08354.) Given those facts, the Fourth Department had little trouble concluding that this was an intentional killing or no other, and that "County Court erred in submitting the depraved indifference murder count to the jury." (Id.)