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PEOPLE v. HARDY

2010-0402.

30 Misc.3d 967 (2011)

915 N.Y.S.2d 812

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVID LEE HARDY, Defendant.

Supreme Court, Monroe County.

January 13, 2011.

Attorney(s) appearing for the Case

Timothy Donaher , Public Defender, Rochester ( Donald Scalia of counsel), for defendant.

Michael C. Green , District Attorney, Rochester ( Perry Duckles of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH D. VALENTINO, J.

Defendant is charged with manslaughter in the second degree (Penal Law § 125.15 [1]), assault in the second and third degrees (Penal Law § 120.05 [4]; § 120.00 [2]), and attempted petit larceny (Penal Law §§ 110.00, 155.25). At the close of the People's proof, defendant specifically moved for a trial order of dismissal on the first and fourth counts. Regarding the manslaughter charge,...

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