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PEOPLE v. CABASSA

79 N.Y.2d 722 (1992)

The People of the State of New York, Respondent, v. Samuel Cabassa, Appellant. The People of the State of New York, Respondent, v. Robert Lind, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1992.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz and Howard A. Pincus for Samuel Cabassa, appellant.

Grace M. Healy of the Connecticut Bar, admitted pro hac vice, for Robert Lind, appellant.

Robert M. Morgenthau, District Attorney (Patrick Hynes, Mark Dwyer, Beth J. Thomas, Deborah L. Morse and Colin Aldrin Fieman of counsel), for respondent.

Chief Judge WACHTLER and Judges TITONE, HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge KAYE dissents and votes to reverse in a separate opinion.

SIMONS, J.

Defendants Lind and Cabassa have been convicted of one count of attempted murder in the first degree, three counts of attempted murder in the second degree and two counts of criminal use of a firearm in the first degree. The charges are based on defendants' conduct during a high-speed automobile chase when Lind, a passenger in the vehicle driven by Cabassa, fired several gunshots at the pursuing police...

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