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PEOPLE v. GILLETTE

254 A.D.2d 121 (1998)

680 N.Y.S.2d 207

The People of the State of New York, Respondent, v. Timothy Gillette, Appellant

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

October 15, 1998

Since defendant was convicted of assault in the first degree on the theory of "depraved indifference" (Penal Law § 120.10 [3]) but was acquitted of the crimes of attempted murder in the second degree and assault in the first degree on the theory of intent to cause serious physical injury (Penal Law § 120.10 [1]), the court's erroneous submission to the jury of assault in the second degree (Penal Law § 120.05 [4])...

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