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Criminal Law Keyed to Kennedy
People v. Dlugash
Citation:
41 N.Y.2d 725 (1977)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
On December 22, 1973, Michael Geller was found dead in his apartment, and his body had multiple bullets. The defendant and someone else, “Bush”, shot him.
At trial, the prosecution sought to establish that Gellar was still alive when the defendant shot him. However, the two physicians called by the prosecution testified that the wounds caused by “Bush” would have caused death without prompt medical attention. Neither expert could state, with medical certainty, that the victim was still alive when, perhaps five minutes after the initial wounds were inflicted, the defendant fired at the victim’s head. The defense called the former Chief Medical Examiner of New York City as their single witness. He stated that in his expert view, Geller might have died of the initial wounds caused by “Bush” very rapidly.
The defendant was found guilty of attempted murder. He appealed, arguing that because the victim was already dead, he could not be held liable.
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14m 44s
