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PEOPLE v. HEATH

49 A.D.3d 970 (2008)

853 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CHAD HEATH, Appellant.

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

Decided March 13, 2008.

Rose, J.

Following the savage beating and death of the victim, defendant was charged with two counts of murder in the second degree (felony murder and depraved indifference murder), manslaughter in the first degree, attempted robbery in the first degree and attempted kidnapping in the second degree. At the ensuing jury trial, the People presented evidence that the victim and defendant had been traffickers of marihuana, and...

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