Motion to amend remittitur granted, return of remittitur requested and when returned it will be amended to read as follows: Order reversed, conviction vacated, first count of Suffolk County indictment No. 2678-79 charging defendant with intentional murder dismissed (see, People v Nieves, 67 NY2d 125, 136; People v Mayo, 48 NY2d 245, 253), and a new trial ordered on the second count of the indictment charging depraved mind murder. [See, 70 NY2d 9.] Judge Kaye taking no part.
People v. Brensic
Court: New York Court of Appeals
Date filed: 1987-09-08
Citations: 70 N.Y.2d 722, 513 N.E.2d 1302, 519 N.Y.S.2d 641, 1987 N.Y. LEXIS 18170
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