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PEOPLE v. BOYCE

3 Misc.3d 270 (2004)

772 N.Y.S.2d 802

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WINSTON BOYCE, Defendant.

Supreme Court, Kings County.

February 23, 2004.

Attorney(s) appearing for the Case

Samuel Karliner and Jeff S. Adler, Brooklyn, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Robert Lamb of counsel), for plaintiff.

OPINION OF THE COURT

MATTHEW D'EMIC, J.

Defendant was indicted for the murder of his girlfriend Gracielle Goode. After trial, the jury acquitted him of intentional murder (Penal Law § 125.25 [1]) and convicted him of depraved indifference murder (Penal Law § 125.25 [2]). Defendant moved to dismiss the indictment at the close of evidence on the ground that the People failed to prove a prima facie case...

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