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PEOPLE v. REGISTER

60 N.Y.2d 270 (1983)

The People of the State of New York, Respondent, v. Bruce Register, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Connie O. Walker of counsel), for appellant.

Howard R. Relin, District Attorney (Kenneth R. Fisher of counsel), for respondent.

Judges JONES, WACHTLER and KAYE concur with Judge SIMONS; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge MEYER concur.

SIMONS, J.

Defendant appeals from an order of the Appellate Division which affirmed a judgment entered after a jury trial convicting him of murder in the second degree (Penal Law, § 125.25, subd 2 [depraved mind murder]) and two counts of assault in the first degree (Penal Law, § 120.10, subd 1). The charges arose from a barroom incident in which defendant...

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