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PEOPLE v. MILLS

1 N.Y.3d 269 (2003)

804 N.E.2d 392

772 N.Y.S.2d 228

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR MILLS, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 2003.

Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender, Utica (Esther Cohen Lee of counsel), for appellant.

Michael A. Arcuri, District Attorney, Utica (Carl J. Boykin of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT and READ concur with Judge GRAFFEO; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

Defendant Arthur Mills was indicted in March 2000 for murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]) in connection with his role in the 1978 drowning death of 12-year-old Raymond Umber. Although the drowning at Oneida Lake was originally determined to be an accident, a police investigation was instigated after defendant's wife and his...

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