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PEOPLE v. MOX

No. 218.

20 N.Y.3d 936 (2012)

2012 NY Slip Op 8441

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL MOX, Respondent.

Court of Appeals of New York.

Decided December 11, 2012.

Attorney(s) appearing for the Case

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for appellant.

Easton Thompson Kasperek Shiffrin LLP, Rochester ( William T. Easton of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur; Judge SMITH dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A Monroe County grand jury returned an indictment charging defendant with the crime of murder in the second degree (Penal Law § 125.25 [1]) for the killing of his elderly father. The indictment alleged that defendant caused his father's death by stabbing him and striking him in the head with a blunt instrument. Defendant had a documented history of mental...

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