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PEOPLE v. GAUSE

No. 90.

19 N.Y.3d 390 (2012)

971 N.E.2d 341

948 N.Y.S.2d 211

2012 NY Slip Op 4276

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK GAUSE, Appellant.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Davison Law Office PLLC, Canandaigua ( Mary P. Davison of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Kelly Christine Wolford of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and SMITH concur with Judge JONES; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

JONES, J.

In this case, where the defendant's conviction for depraved indifference murder was reversed on appeal, the issue before this Court is whether, in accord with the principles of double jeopardy, defendant was impliedly acquitted of intentional murder when the jury was instructed to consider intentional murder and depraved indifference murder in the alternative, but that it could return a verdict on only one of the offenses....

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