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PEOPLE v. WELLS

53 A.D.3d 181 (2008)

862 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEVILLE WELLS, Appellant.

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

June 26, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Joseph M. Nursey of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Alice Wiseman of counsel), for respondent.

FRIEDMAN and WILLIAMS, JJ., concur with TOM, J.P.; McGUIRE, J., concurs in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

This appeal raises the issue of whether a death resulting from defendant's operation of a motor vehicle at a high rate of speed through the streets of lower Manhattan, while severely impaired by alcohol intoxication, supports his conviction of depraved indifference murder (Penal Law § 125.25 [2]). The law in effect at the time defendant was convicted is delineated by People v Register (60 N.Y.2d...

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