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PEOPLE v. MOLLOY

235 A.D.2d 48 (1997)

664 N.Y.S.2d 17

The People of the State of New York, Appellant, v. Richard Molloy, Respondent

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

November 13, 1997

Attorney(s) appearing for the Case

Peter D. Coddington of counsel (Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Fabian G. Palomino of counsel (Louis R. Rosenthal and George H. Vallario, Jr., attorneys), for respondent.

MILONAS, J. P., WILLIAMS and MAZZARELLI, JJ., concur.

WALLACH, J.

The Grand Jury returned an indictment charging defendant, a New York City policeman, with "depraved indifference" murder in the second degree (Penal Law § 125.25 [2]) and manslaughter in the second degree (Penal Law § 125.15 [1]). Each crime requires proof of "reckless" conduct. The People appeal from an order dismissing the indictment for lack of proof of the necessary element of recklessness...

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