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PEOPLE v. BROWN

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17 N.Y.3d 863 (2011)

2011 NY Slip Op 7146

957 N.E.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NADIRAH BROWN, Appellant.

Court of Appeals of New York.

Decided October 13, 2011.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Susan C. Ministero , Barbara J. Davies and David C. Schopp of counsel), for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Matthew B. Powers and Donna A. Milling of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by reducing defendant's conviction for reckless assault in the second degree (Penal Law § 120.05 [4]) to criminally negligent assault in the third degree (Penal Law § 120.00 [3]), and by remitting to the Appellate Division for further proceedings in accordance with this memorandum, and as so modified, affirmed.

On August 12, 2007, defendant's then 15...

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