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PEOPLE v. HORNING

263 A.D.2d 955 (1999)

694 N.Y.S.2d 824

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. HORNING, Appellant.

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

Decided July 9, 1999.

Judgment unanimously reversed on the law and new trial granted.

Memorandum:

Defendant contends that the jury verdict convicting him of depraved mind murder in the second degree (Penal Law § 125.25 [2]) and manslaughter in the first degree (Penal Law § 125.20 [1]) is repugnant. The People respond that defendant's contention is not preserved for our review and, in any event, is without merit. We disagree. Defendant preserved his contention for our...

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