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PEOPLE v. LEARY

303 A.D.2d 256 (2003)

756 N.Y.S.2d 205

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD LEARY, Appellant.

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

Decided March 18, 2003.

The verdict with respect to each conviction was based on legally sufficient evidence and was not against the weight of the evidence. With respect to the attempted murder counts, the requirement of dangerous proximity to the intended crime (see People v Mahboubian, 74 N.Y.2d 174, 191 [1989]) was satisfied by evidence warranting the conclusion that, in each instance, defendant entered a crowded subway car while carrying an incendiary...

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