Judgment unanimously reversed on the law and new trial granted.
Memorandum:
The judgment convicting defendant of intentional murder in the second degree and depraved mind murder in the second degree arising out of the same incident must be reversed because the court refused to charge the two counts in the alternative (see, People v Gallagher,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.