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PEOPLE v. O'TOOLE

138 A.D.2d 639 (1988)

The People of the State of New York, Respondent, v. Timothy P. O'Toole, Appellant

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

March 21, 1988

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

The record reveals that the defendant was charged with one count of intentional murder and one count of depraved mind murder arising out of a single homicide. Prior to the trial court's charge to the jury, the defendant expressly requested that the two second degree murder...

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