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PEOPLE v. VIGGIANO

2016-02242, Ind. No. 211/14.

157 A.D.3d 912 (2018)

69 N.Y.S.3d 864

2018 NY Slip Op 00444

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANTE VIGGIANO, Appellant.

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

Decided January 24, 2018.

Ordered that the judgment is affirmed.

On the night of August 31, 2014, the defendant broke into the home of a husband and wife and stabbed them both repeatedly in the head and neck. The husband died from his injuries. Prior to trial, defense counsel notified the People that he would present the affirmative defense of mental disease or defect (see CPL 250.10 [1]). Following the presentation of the People's direct case, defense counsel sought to present the...

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