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   State Courts - New York - January 30, 2007

  
People v. Fermin, 2004-03433, (Ind. No. 720/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because the actions of the complainant and his companions placed defendant and his brother on the defense, a justification charge with respect to a first-degree assault charge was erroneously denied. Further, based on the People's concession, the sentence imposed on the third-degree criminal possession of a weapon conviction was improper.

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People v. Fermin, 2004-03436, (Ind. No. 720/03), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Fisher, 2005-02132, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Fore, 2003-00119, (Ind. No. 176/02), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Fulford, 1999-05260, (Ind. No. 1975/99), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Georgiou, 2003-03020, (Ind. No. 661/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Depraved indifference murder conviction was vacated because evidence was legally insufficient; defendant's attack on victim did not rise to level of depravity and indifference contemplated by statute. Although counsel erred in not requesting instruction on affirmative defense, ineffective assistance claim failed as defense had no chance of success.

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People v. Gonzalez, 2005-02347, (Ind. No. 10064/01), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Gracius, 92, SCI 3397/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided
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People v. Hawley, 2004-08808, (Ind. No. 04-00462), SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Heyward, 95, SCI 1919/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided
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