PEOPLE v. ALBERT


158 Misc.2d 967 (1993)

602 N.Y.S.2d 296

The People of the State of New York, Plaintiff, v. Joseph Albert, Defendant.

Supreme Court, Monroe County.

May 7, 1993


Attorney(s) appearing for the Case

Garry S. Hanlon for defendant. Howard R. Relin, District Attorney of Monroe County (Gregory Huether of counsel), for plaintiff.


DONALD J. MARK, J.

This is an application by the defendant, who has been convicted of the crime of depraved indifference murder and other charges, pursuant to CPL 330.30 (1) to vacate his conviction on that count, upon the ground that the verdict of the jury was repugnant.

The evidence adduced at the trial relative to this particular charge demonstrated that the defendant fired multiple shots from a...

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