PEOPLE v. GALLAGHER


69 N.Y.2d 525 (1987)

The People of the State of New York, Respondent-Appellant, v. Daniel Gallagher, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1987.


Attorney(s) appearing for the Case

Nathan R. Sobel and Freda S. Nisnewitz for appellant-respondent.

Patrick Henry, District Attorney (Mark D. Cohen of counsel), for respondent-appellant.

Chief Judge WACHTLER and Judges SIMONS and HANCOCK, JR., concur with Judge KAYE; Judge BELLACOSA concurs in result in a separate opinion; Judges ALEXANDER and TITONE taking no part.


KAYE, J.

Where a defendant is charged with a single homicide, in an indictment containing one count of intentional murder and one count of depraved mind murder, both counts may be submitted to the jury, but only in the alternative.

After an all-night St. Patrick's Day celebration involving the consumption of large quantities of alcohol, defendant — a veteran New York City police officer —...

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