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PEOPLE v. COON

45 A.D.3d 897 (2007)

845 N.Y.S.2d 839

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY COON, Appellant.

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

Decided November 1, 2007.

Mugglin, J.

As is set forth more fully in our prior decision (34 A.D.3d 869 [2006]), defendant was convicted after a nonjury trial of depraved indifference assault for cutting his sister twice in the neck and throat with a butcher knife. Because the proof was insufficient to establish depraved indifference assault, we modified his conviction on appeal by reducing it to assault in the second degree and remitted the matter to County...

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