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PEOPLE v. BAUMAN

51 A.D.3d 316 (2008)

856 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. AMBER BAUMAN and CHARLES EDWARD LAFLER, Respondents.

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

May 2, 2008.

Attorney(s) appearing for the Case

Michael C. Green, District Attorney, Rochester (Margaret Anne Jones of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (William Clauss of counsel), for Amber Bauman, respondent.

Muldoon & Getz, Rochester (Gary Muldoon of counsel), for Charles Edward Lafler, respondent.

GORSKI and PERADOTTO, JJ., concur with SCUDDER, P.J.; FAHEY and LUNN, JJ., dissent in part and vote to modify in accordance in a separate opinion by FAHEY, J.

OPINION OF THE COURT

SCUDDER, P.J.

The People appeal from an order dismissing an indictment charging defendants with two counts of assault in the first degree, for intentional and depraved indifference assault (Penal Law § 120.10 [1], [3]). Supreme Court also granted the People leave to resubmit appropriate charges arising out of the conduct underlying the original counts. At the grand jury proceeding, the People presented evidence that defendants resided...

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