PEOPLE v. VENTIQUATTRO


138 A.D.2d 925 (1988)

The People of the State of New York, Respondent, v. David K. Ventiquattro, Appellant

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

March 4, 1988


Judgment unanimously reversed on the law, defendant's motion granted, and new trial granted, in accordance with the following memorandum: Defendant, a 15-year-old boy, was convicted, following a jury trial, of murder in the second degree (Penal Law § 125.25 [2]; under circumstances evincing a depraved indifference to human life) for shooting his 11-year-old companion in the back of the head with a shotgun while the two boys...

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