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People v. Laraby

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 946 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Judgment of Oneida County Court, Donalty, J. — Manslaughter, 1st Degree.)

Present — Pine, J. P., Lawton, Hayes, Wisner and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20) and criminal trespass in the second degree (Penal Law § 140.15). We reject the contention of defendant that the unauthorized removal of life support equipment from the comatose victim constituted a supervening cause of death, thereby relieving him of criminal liability for the victim's death ( see, People v. Eulo, 63 N.Y.2d 341, 357; see also, People v Vaughn, 152 Misc.2d 731, 737-743). The proof is overwhelming that defendant's conduct in beating the victim was "an actual contributory cause of death" ( Matter of Anthony M., 63 N.Y.2d 270, 280). We also reject the contention of defendant that his sentence of 8 to 25 years on his manslaughter conviction is unduly harsh or severe.


Summaries of

People v. Laraby

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 946 (N.Y. App. Div. 1997)
Case details for

People v. Laraby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. LARABY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1997

Citations

244 A.D.2d 946 (N.Y. App. Div. 1997)
665 N.Y.S.2d 180

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