Peters, J.
Defendant was indicted for depraved indifference assault in the first degree as a result of his attack upon the victim. Upon the close of the People's case, defendant moved to dismiss the indictment by claiming that the People failed to demonstrate the requisite mental state. County Court denied the motion, concluding that the conduct alleged and the evidence presented by the People evinced both recklessness and a depraved indifference to human life. Following...
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