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Criminal Law Keyed to Gershowitz
People v. Dlugash
Citation:
41 N.Y.2d 725, 395 N.Y.S.2d 419, 363 N.E.2d 1155
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The victim, Michael Geller, was found on December 22, 1973, in his bedroom. He was riddled with bullets; some were .25 caliber while others were .38 caliber. The defendant (Dlugash) became a suspect in Geller’s death through investigations, so investigators interviewed Dlugash. He said on December 21, 1973, he was drinking with friends, Bush and Geller. Geller asked Bush multiple times for $100 towards rent because he had been staying at the victim’s apartment with him. Bush refused and even said, “you better shut up or you’re going to get a bullet.” Geller asked for rent again and at this point, Bush shot him three times with a .38 caliber gun. A few minutes later Dlugash went over to Geller and shot him about five times in the head and face with a .25 caliber gun. Dlugash said that when he shot Geller he already looked dead. He said he shot Geller because he believed Geller was dead and Bush was threatening him with a gun to shoot Geller.
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