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PEOPLE v. LEE

59 A.D.3d 996 (2009)

872 N.Y.S.2d 304

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON LEE, Appellant.

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his motion pursuant to CPL 440.10 (1) (h) seeking to vacate the judgment convicting him of depraved indifference murder (Penal Law § 125.25 [2]). Defendant contended in his motion papers that, by virtue of changes in the law effectuated by People v Suarez (6 N.Y.3d 202 [2005]), the evidence...

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