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PEOPLE v. DONALDSON

194 Misc.2d 614 (2003)

755 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. OSCAR DONALDSON, Defendant.

Supreme Court, Kings County.

January 16, 2003.

Attorney(s) appearing for the Case

Leonard J. Levenson, New York City, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Michelle Kaminsky of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

The defendant moves to set aside the jury's guilty verdict to depraved indifference murder as he claims the statute to be unconstitutional as applied to him. Additionally, defendant contends that his double jeopardy rights or collateral estoppel rights have been violated.

In determining the motion, the court has considered the moving papers, exhibit, the affirmation...

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