Introducing ATLASLearn more
Legal Opinion

The People v. Darius Dubarry

New York Court of Appeals

Decided April 7, 2015No. 32PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

This appeal presents the novel question of whether defendant may be subject to multiple liability for a single homicide under a “transferred intent” theory, where defendant kills one victim in the course of attempting to kill someone else. We conclude that defendant cannot be convicted of depraved indifference murder and intentional murder on a transferred intent theory in a case involving the death of the same person. Therefore, the trial court erroneously submitted to the jury both charges in the conjunctive rather than in the alternative. We also hold that…

2Cases cited28 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. GallowayNew York Court of Appeals · 1981

23 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. People v. BryantAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. ChestnutAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. WilsonNew York Court of Appeals · 2018

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API