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State Courts -
New York - January 17, 2006
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People v. Jenkins, 7602, Ind. 3761/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Overview: Defendant's conviction of murder in the second degree was affirmed; his arguments concerning the court's questioning of witnesses were unpreserved, but most of the court's questions to witnesses were proper, in that they clarified testimony or moved the trial forward.
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People v. Persaud, 2003-07066, Ind. No. 4418/97,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Since evidence clearly showed that defendant acted intentionally, not recklessly, when he tried to attack restaurateur who had refused to serve him, he could be convicted of attempted assault, but not reckless endangerment.
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