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PEOPLE v. DIAZ

35 A.D.3d 226 (2006)

825 N.Y.S.2d 51

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN DIAZ, Appellant.

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

Decided December 12, 2006.

To the extent there was any error in the court's refusal to dismiss a depraved indifference murder count (see People v Suarez, 6 N.Y.3d 202 [2005]), there is no basis for reversal because the jury only convicted defendant of intentional murder (see People v Griffin, 28 A.D.3d 578, 579 [2006], lv denied 7 N.Y.3d 789 [2006]; see also People v Brown, 83 N.Y.2d...

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