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PEOPLE v. WELLS

7 N.Y.3d 51 (2006)

850 N.E.2d 637

817 N.Y.S.2d 590

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERENCE WELLS, Appellant.

Court of Appeals of New York.

Decided May 11, 2006.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Brian W. Stull, Richard M. Greenberg and Sara Gurwitch of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sandra E. Cavazos and Sylvia Wertheimer of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur with Judge GRAFFEO; Judge G.B. SMITH concurs in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

This appeal focuses on whether a single charge of attempted intentional murder is duplicitous when the evidence adduced at trial demonstrates that the defendant fired a gun in the direction of more than one individual but does not definitively establish the identity of the intended victim. Based on the reasoning expressed in People v Fernandez (88 N.Y...

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