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PEOPLE v. DIGUGLIELMO

2008-08651.

75 A.D.3d 206 (2010)

902 N.Y.S.2d 131

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICHARD D. DIGUGLIELMO, Respondent.

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

Decided May 25, 2010.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Raffaelina Gianfrancesco , Anthony J. Servino and Maryanne Luciano of counsel), for appellant.

Mayer Brown LLP, New York City ( Andrew H. Schapiro , Brian M. Willen and Shane B. Kelbley of counsel), for respondent.

COVELLO, J.P., SANTUCCI and CHAMBERS, JJ., concur.

OPINION OF THE COURT

LOTT, J.

In 1997, the defendant, off-duty New York City Police Officer Richard D. DiGuglielmo, was convicted of depraved indifference murder for fatally shooting Charles Campbell. At trial, the defendant had proffered a justification defense, contending that he shot Campbell as Campbell was about to strike the defendant's father, Richard B. DiGuglielmo (hereinafter DiGuglielmo Sr.), with a...

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