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PEOPLE v. DEAN

112 A.D.2d 947 (1985)

The People of the State of New York, Respondent, v. Dennis Dean and Michael Jackson, Appellants

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

August 5, 1985

Judgments modified, on the law, by reversing the convictions of attempted murder in the second degree, vacating the sentences imposed thereon and dismissing said counts. As so modified, judgments affirmed.

As the People concede, the proof failed to establish a separate, specific intent on defendants' part to commit murder (People v Summerset, 100 A.D.2d 947). The evidence established that defendants and codefendant James...

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