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PEOPLE v. TIMMONS

54 A.D.3d 883 (2008)

864 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD TIMMONS, Appellant.

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

September 16, 2008.

Ordered that the judgment is affirmed.

The counts of the indictment charging the defendant with murder in the first degree were not duplicitous, as each of the counts charged the defendant with a single crime (see CPL 200.30 [1]; Penal Law § 125.27 [1] [a] [viii]). Nor were the counts of the indictment charging the defendant with murder in the first degree multiplicitous. The same crime was not charged in more than one of the counts (see People v Saunders...

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