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PEOPLE v. RIVERA

111 Misc.2d 526 (1981)

The People of the State of New York, Plaintiff, v. Julio Rivera, Defendant.

Supreme Court, Criminal Term, Bronx County.

November 17, 1981

Attorney(s) appearing for the Case

Joseph & Stalonas for defendant. Mario Merola, District Attorney (William A. Hrabsky of counsel), for plaintiff.

WALTER M. SCHACKMAN, J.

THE ISSUE

Upon an indictment for attempted intentional murder, intentional assault and reckless endangerment the defendant was convicted of the last charge. Subsequently the victim died allegedly as a result of the original incident. Can the defendant now be prosecuted for "depraved mind" murder or is such prosecution barred by the principles of double jeopardy?

THE FACTS

After an incident that occurred...

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