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PEOPLE v. SUAREZ

40 A.D.3d 143 (2007)

832 N.Y.S.2d 532

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTOS SUAREZ, Also Known as SANTO SUAREZ and as DOMINGO SUAREZ, Appellant.

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

March 27, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jonathan Zucker and Joseph N. Ferdenzi of counsel), for respondent.

ANDRIAS, SULLIVAN and GONZALEZ, JJ., concur with WILLIAMS, J.; TOM, J.P., dissents in a separate opinion.

OPINION OF THE COURT

WILLIAMS, J.

The Court of Appeals remitted this matter to this Court (6 N.Y.3d 202 [2005]) for consideration of the appropriate remedy after reversing defendant's conviction for depraved indifference murder (Penal Law § 125.25 [2]) on the grounds that it was error to submit that count to the jury since the evidence was legally insufficient to support it. Suarez is one of a recent series...

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