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PEOPLE v. MATEO

249 A.D.2d 894 (1998)

672 N.Y.S.2d 594

The People of the State of New York, Appellant, v. Angel Mateo, Respondent

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

April 29, 1998

Order unanimously affirmed.

Memorandum:

We conclude that County Court properly dismissed counts 11 and 12 of the indictment charging defendant with murder in the first degree (Penal Law § 125.27 [1] [a] [xi]). That section provides in part that a defendant may be charged with murder in the first degree when, "[w]ith intent to cause the death of another person, he causes the death of such person or of a third...

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