PEOPLE v. KIBBE


35 N.Y.2d 407 (1974)

The People of the State of New York, Respondent, v. Barry Warren Kibbe and Roy A. Krall, Appellants.

Court of Appeals of the State of New York.

Decided November 27, 1974.


Attorney(s) appearing for the Case

Michael R. Wolford for Barry Warren Kibbe, appellant.

Betty D. Friedlander for Roy A. Krall, appellant.

Jack B. Lazarus, District Attorney (Raymond E. Cornelius of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS concur.


GABRIELLI, J.

Subdivision 2 of section 125.25 of the Penal Law provides, in pertinent part, that "[a] person is guilty of murder" when "[u]nder circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person".

The factual setting of the bizarre events of a cold winter night...

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