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PEOPLE v. GREEN

4295/05, 7860.

104 A.D.3d 126 (2013)

958 N.Y.S.2d 138

2013 NY Slip Op 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GREEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

January 22, 2013.

Attorney(s) appearing for the Case

Fischetti & Malgieri, New York City ( Eric Franz and Ronald P. Fischetti of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David C. Bornstein and Eleanor J. Ostrow of counsel), for respondent.

GONZALEZ, P.J., RENWICK and ROMÁN, JJ., concur with FRIEDMAN, J.; MANZANET-DANIELS, J., dissents in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal from a conviction for reckless endangerment in the first degree presents the recurring issue of what constitutes "circumstances evincing a depraved indifference to human life." We find that the jury's determination that this element of the offense was proven comports with the weight of the evidence.

Defendant admits that, during the morning rush hour of August...

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