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PEOPLE v. BAUMAN

12 N.Y.3d 152 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. AMBER BAUMAN and CHARLES EDWARD LAFLER, Respondents.

Court of Appeals of New York.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for appellant.

Timothy P. Donaher, Public Defender, Rochester (William Clauss of counsel), for Amber Bauman, respondent.

Muldoon & Getz, Rochester (Gary Muldoon of counsel), for Charles Lafler, respondent.

Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge PIGOTT dissents in part and votes to modify in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

JONES, J.

The issue before this Court is whether an indictment charging depraved indifference assault under Penal Law § 120.10 (3) which alleges 11 acts over an eight-month period under one count violates Criminal Procedure Law § 200.30 (1).

By indictment, defendants were charged with one count of intentional assault under Penal Law § 120.10 (1) (the first count...

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