Defendant's guilt of depraved indifference assault (Penal Law § 120.10 [3]) was proven beyond a reasonable doubt and was not against the weight of the evidence. Defendant, who on a previous occasion had assaulted his ex-girlfriend after they had broken up, spontaneously stabbed her brother as he sought to protect his sister from another confrontation with defendant. Given such circumstances and the uncontroverted evidence that defendant stabbed his victim in the back...
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