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PEOPLE v. VALENCIA

No. 99.

14 N.Y.3d 927 (2010)

932 N.E.2d 871

906 N.Y.S.2d 515

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALBEIRO VALENCIA, Respondent.

Court of Appeals of New York.

Decided June 17, 2010.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney, Mineola ( Judith R. Sternberg , Peter A. Weinstein and Tammy J. Smiley of counsel), for appellant.

Marianne Karas , Armonk, for respondent.

Richard D. Willstatter , New York City, Richard J. Barbuto and Stefani Goldin for New York State Association of Criminal Defense Lawyers and another, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judges GRAFFEO and JONES concur in separate concurring opinions.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed. There is insufficient evidence to support a conviction for depraved indifference assault. The trial evidence established only that defendant was extremely intoxicated and did not establish that he acted with the culpable mental state of depraved indifference.

GRAFFEO, J. (concurring).

...

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