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PEOPLE v. MUNIZ

91 N.Y.2d 570 (1998)

696 N.E.2d 182

673 N.Y.S.2d 358

The People of the State of New York, Respondent, v. Manuel A. Muniz, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1998.

Attorney(s) appearing for the Case

George Grun, Riverhead, and Robert C. Mitchell for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Glenn Green of counsel), for respondent.

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

LEVINE, J.

Defendant was indicted, following the shooting death of his ex-wife's current husband, on three separate counts of the crime of murder in the second degree. Each of the three counts reflected an alternative theory of the crime: intentional murder (Penal Law § 125.25 [1]); depraved indifference to human life by recklessly engaging in conduct which created...

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