The evidence established that defendant fired shots at the victim and wounded her in the hand, after which he chased her and deliberately struck her with his van, causing further injuries. With respect to the assault committed by means of the van, there were two first-degree assault counts: intentional (Penal Law § 120.10 [1]) and depraved indifference (Penal Law § 120.10 [3]). Without objection, the court submitted these counts in the conjunctive. Accordingly,...
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