People v. Bauman

OPINION OF THE COURT

Scudder, P.J.

The People appeal from an order dismissing an indictment charging defendants with two counts of assault in the first degree, for intentional and depraved indifference assault (Penal Law § 120.10 [1], [3]). Supreme Court also granted the People leave to resubmit appropriate charges arising out of the conduct underlying the original counts. At the grand jury proceeding, the People presented evidence that defendants resided with the victim, who suffers from multiple sclerosis, and that over an eight-month period they allegedly struck the victim with, inter alia,…