People v. Kibbe

The defendants were properly convicted of robbery in the second degree and grand larceny in the third degree. However, I dissent and vote to reverse the murder conviction of both defendants in the interest of justice (CPL 470.15, subd. 3, par. [c]; subd. 6, par. [a]) because in my view the trial court’s charge did not define and explain-the issue of causation, nor was there sufficient explanation regarding the necessary mental state which the defendants must have been found to possess in order to sustain their conviction for that crime. The insufficiency of the charge deprived these…