Majority
p. 722The People of the State of New York, Respondent, v Robert Brensic, Appellant. Submitted June 29, 1987; decided September 8, 1987
Motion to amend remittitur granted, return of remittitur requested and when returned it will be amended to read as follows: Order reversed, conviction vacated, first count of Suffolk County indictment No. 2678-79 charging defendant with intentional murder dismissed (see, People v Nieves, 67 NY2d 125 , 136; People v Mayo, 48 NY2d 245 , 253), and a new trial ordered on the second count of the indictment charging depraved mind murder. [See, 70 NY2d 9 .] Judge Kaye taking no part.
Cases cited
- People v. Nieves 67 NY2d 125 at 136 p. 722
- People v. Mayo 48 NY2d 245 at 253 p. 722
- People v. Brensic 70 NY2d 9 p. 722