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PEOPLE v. HELLIGER

96 N.Y.2d 462 (2001)

754 N.E.2d 756

729 N.Y.S.2d 654

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANSELMO HELLIGER, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Mary C. Farrington and Mark Dwyer of counsel), for appellant.

Legal Aid Society, Criminal Defense Division, New York City (Thomas M. O'Brien of counsel), and Jerald Rosenthal for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in Per Curiam opinion.

OPINION OF THE COURT

Per Curiam.

A Grand Jury indicted defendant for murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) and manslaughter in the first degree (Penal Law § 125.20 [1]) in connection with the strangulation death of a woman with whom he lived. At trial, the prosecutor contended that defendant choked the victim to death, crushing the bones inside her neck, evincing an intent to cause her serious physical...

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