NY Court Upholds ‘Depraved Indifference’ Murder

ALBANY (AP) -

New York’s top court has upheld the murder conviction of a central New York man who beat a toddler to death, concluding he showed “depraved indifference” to the child’s life.

The Court of Appeals says that Jay Barboni’s failure to call for help for the next two hours showed depraved indifference through “a brutal and prolonged course of conduct against a vulnerable victim,” rejecting that it was just a brief fit of rage.

Before Tuesday, the court had overturned 17 depraved indifference convictions since 2002.