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PEOPLE v. ACEVEDO

44 A.D.3d 168 (2007)

841 N.Y.S.2d 55

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL ACEVEDO, Appellant.

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

August 16, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Peter Theis of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Susan Gliner and Mark Dwyer of counsel), for respondent.

TOM, J.P., FRIEDMAN, SULLIVAN and MALONE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

The defendant was charged with two counts of second-degree (intentional and depraved indifference) murder in the bludgeoning death of Stacy Freund, an acquaintance for whom he had bought heroin just before her death on April 1, 2001. Police found Freund in her West 137th Street apartment lying face down on a mattress soaked in blood. A lead directed detectives to the defendant whom they located after his arrest on a parole...

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