People v. Bauman

Fahey, J. (dissenting in part).

We respectfully dissent in part. We agree with the majority that Supreme Court properly granted those parts of defendants’ omnibus motions seeking dismissal of count one of the indictment, for intentional assault in the first degree (Penal Law § 120.10 [1]), as duplicitous. We conclude, however, that the court erred in granting those parts of the motions seeking dismissal of count two of the indictment, for depraved indifference assault in the first degree (§ 120.10 [3]), inasmuch as that count is not duplicitous.

From August 2004 to April 2005, the victim…