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PEOPLE v. JOHNSON

87 N.Y.2d 357 (1996)

662 N.E.2d 1066

639 N.Y.S.2d 776

The People of the State of New York, Respondent, v. Christopher Johnson, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 1996.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Kathleen McDonough and Brian Shiffrin of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Elizabeth Clifford of counsel), for respondent.

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

SIMONS, J.

During an altercation in a parking lot, defendant shot Revaine Pratt with a shotgun, causing Pratt's death. Defendant was charged in a two-count indictment for intentional murder (Penal Law § 125.25 [1]) and reckless murder under circumstances evincing a depraved indifference to human life (Penal Law § 125.25 [2]). For each of the murder counts, a lesser included offense was submitted to...

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