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PEOPLE v. HARRISON

85 N.Y.2d 891 (1995)

650 N.E.2d 405

626 N.Y.S.2d 747

The People of the State of New York, Respondent, v. Wayne Harrison, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Abigail Everett, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Barbara Thomashower, Leonard Joblove and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Following the shooting death of a fellow party-goer in 1990, defendant was charged with two counts of second degree murder, intentional murder and depraved indifference murder, under a theory of acting in concert, and one count each of criminal possession of a weapon in the second and third degrees. The verdict sheet listed...

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