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PEOPLE v. MYERS

161 A.D.2d 808 (1990)

The People of the State of New York, Respondent, v. Vonn Pierre Myers, Appellant

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

May 29, 1990

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in refusing to charge depraved indifference murder (see, Penal Law § 125.25 [2]) and felony murder (see, Penal Law § 125.25 [3]) in the alternative is without merit. Unlike the crime of intentional murder (see, Penal Law § 125.25 [1]; People v Gallagher, 69 N.Y.2d 525), in order to support a conviction...

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