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Criminal Law Keyed to Weaver
People v. Dlugash
Citation:
41 N.Y.2d 725, 363 N.E.2d 1155, 395 N.Y.S.2d 419 (1977)ProfessorScott Caron
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Facts
Geller, Bush, and Dlugash went out drinking and during the conversation Geller asked Bush multiple times for rent as Bush had been staying at Geller’s apartment. Bush responded that he better shut up or he’ll be getting a bullet. Later all three went to Geller’s apartment where the drinking continued. Geller brought up the rent money again and Geller drew his pistol and shot Geller 3 times. Geller fell to the floor, he was motionless and his eyes were closed. After a few minutes Dlugash walked up to Geller’s body and shot him 5 times in the head and face. Three medical examiners at trial stated they could not be sure if Geller was alive at the time Dlugash shot Geller.
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