PEOPLE v. GRAHAM


41 A.D.2d 226 (1973)

The People of the State of New York, Respondent, v. Robert Graham, Appellant

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

April 9, 1973.


Attorney(s) appearing for the Case

Sparrow, Sparrow, Singer & Kirschner (Stephen J. Singer of counsel), for appellant.

Thomas J. Mackell, District Attorney (Thomas A. Duffy of counsel), for respondent.

RABIN, P. J., HOPKINS, MUNDER and MARTUSCELLO, JJ., concur.


CHRIST, J.

The defendant was indicted for the crime of reckless endangerment in the first degree and convicted as charged after a jury trial. The indictment alleged that on or about September 11, 1971 the defendant, "under circumstances evincing a depraved indifference to human life, did recklessly engage in conduct which created a grave risk of death to another person, to wit: did fire a shot at Winifred Kelly." The proof upon the trial, virtually undisputed...

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