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PEOPLE v. FITZGERALD

45 N.Y.2d 574 (1978)

The People of the State of New York, Appellant, v. Michael Fitzgerald, Respondent.

Court of Appeals of the State of New York.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for appellant.

Andrew W. Tully, Jr., for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

The question on this appeal is whether two counts of an indictment which charge the defendant with criminally negligent homicide and assault in the third degree contain sufficient factual allegations to satisfy the requirements of CPL 200.50 (subd 7). The trial court and the Appellate Division found both counts deficient and the People have appealed.

On the evening of December 22, 1975 two...

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