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Criminal Law keyed to Dripps
People v. Henderson
Citation:
25 N.Y.3d 534, 35 N.E.3d 840.Facts
The defendant, his cousin, and a friend broke into an apartment looking for two individuals they suspected had robbed them. The suspected thieves were not in the apartment, but the victim and his girlfriend were in the upstairs bedroom. The victim opened the door and saw the burglars coming up the stairs, defendant began screaming asking for the whereabouts of the thieves. The victim told defendant to leave and the defendant punched the victim starting a fistfight. The defendant and the others left, after the girlfriend announced she heard sirens and the police were coming. The defendant, his cousin, and his friend then returned to an associate’s apartment. There, the defendant took a knife out of the knife block saying he was “going to kill him” and returned to the victim’s apartment. The victim told his girlfriend to run and she went to a neighbor’s apartment and called 911. She then returned to the victim’s apartment where she saw the victim exit with various wounds before losing consciousness. EMTs were unable to resuscitate the victim. Defendant left in a car with his friend, but was arrested by police following a pursuit.
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