People v. LaGasse

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered January 10, 2006. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the first count of the indict*1152ment is dismissed and a new trial is granted on the second and third counts of the indictment.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]), defendant contends that the…