Gutierrez v. Smith, No. 10-4478-pr (2nd Cir.) (702 F.3d 103) (December 11, 2012) (Judge Guido Calabresi)
In appeal from the denial of defendant's writ of habeas corpus following conviction for depraved indifference murder, the judgment is affirmed, where: 1) the defendant's claim was preserved for review and not procedurally barred because there was a fundamental shift in New York's interpretation of its depraved indifference murder statute ...
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