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8bitaficionado t1_jcbie16 wrote

https://www.nysenate.gov/legislation/laws/PEN/125.27

> the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain; "depraved" means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain; or

If you want to argue that what happened was not "especially cruel and wanton" that's on you. If you don't feel multiple people beating on someone is torturous, that's your opinion. The prosecutors and jurors thought so.

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williamwchuang t1_jcbl58r wrote

You're making an emotional argument and an appeal to authority. The appellate court overturned the decision of the prosecutor and jury, so my appeal to authority defeats yours. If you want to say that you know more about the law than the appellate courts, then you are free to do so, but it would not hold much water because it's just your opinion supported by your emotions. At the end of the day, are you saying that the appellate court was wrong?

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8bitaficionado t1_jcbrjyz wrote

You must be a lawyer because you are looking at this like a case you want to win and looking for a technical edge.

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williamwchuang t1_jcbtp7c wrote

You are very clearly wrong but you're still arguing. No idea why you think you know more than an appellate court.

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