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PEOPLE v. GOLDSTEIN

14 A.D.3d 32 (2004)

786 N.Y.S.2d 428

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW GOLDSTEIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 30, 2004.

Attorney(s) appearing for the Case

Andrew C. Fine and Laura R. Johnson, The Legal Aid Society, New York City (Natalie Rea of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Morrie I. Kleinbart and Patrick J. Hynes of counsel), for respondent.

NARDELLI, J.P., TOM and ELLERIN, JJ., concur.

OPINION OF THE COURT

WILLIAMS, J.

On January 3, 1999, defendant, a schizophrenic, after alarming other commuters with his erratic behavior, shoved Kendra Webdale from the platform of the 23rd Street and Broadway subway station onto the train tracks in front of an oncoming N train. The incident received widespread media coverage. Defendant's first trial ended in a mistrial, and the proceedings in question on this appeal occurred at his retrial in February...

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