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PEOPLE v. CARTER

7 N.Y.3d 875 (2006)

860 N.E.2d 50

826 N.Y.S.2d 588

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATSU CARTER, Appellant.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

David P. Elkovitch, Auburn, for appellant.

James B. Vargason, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of assault in the first degree (Penal Law § 120.10 [3]) and assault in the second degree (Penal Law § 120.05 [1]). To convict him of the first of these crimes, the jury had to find that he recklessly engaged in conduct that created a grave risk of death to another person; to convict him of the second, it had to find that he intended...

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