Following an altercation with the victim, the intoxicated defendant drove his car in the victim's direction and hit him, causing serious physical injury. In his statements and trial testimony, defendant asserted that he did not intend to hit the victim, but that he tried to get around him. The jury acquitted defendant of attempted murder but convicted him of assault predicated on depraved indifference (Penal Law § 120.10 [3]). Viewing the evidence in the light most favorable...
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