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PEOPLE v. JOHNSON

9973.

67 A.D.3d 448 (2009)

891 N.Y.S.2d 306

2009 NY Slip Op 08052

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FATIN JOHNSON, Appellant.

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

Decided November 10, 2009.

In resolving defendant's previous appeal to this Court (43 A.D.3d 288 [2007]), we did not expressly state that we rejected defendant's claim that the verdict convicting him of depraved indifference murder was against the weight of the evidence. For this reason, the Court of Appeals reversed and remanded the appeal to us for the purpose of making an assessment of defendant's weight of the evidence...

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