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PEOPLE v. ASARO

No. 158.

21 N.Y.3d 677 (2013)

998 N.E.2d 810

2013 NY Slip Op 6805

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK A. ASARO, Appellant.

Court of Appeals of New York.

Decided October 22, 2013.

Attorney(s) appearing for the Case

Ostrer & Hoovler, PC., Chester ( Benjamin Ostrer of counsel), for appellant.

Francis D. Phillips, II , Goshen ( Robert H. Middlemiss and Andrew R. Kass of counsel), for respondent.

OPINION OF THE COURT

GRAFFEO, J.

The primary issue before us is whether defendant's convictions for manslaughter in the second degree and assault in the second degree, each predicated on the mental state of recklessness, are supported by legally sufficient evidence. We conclude that they are and therefore affirm.

In the early morning hours of November 22, 2008, defendant Patrick Asaro was driving...

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