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PEOPLE v. KIBBE

41 A.D.2d 228 (1973)

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 5, 1973.

Attorney(s) appearing for the Case

Charles F. Crimi for Barry Warren Kibbe, appellant.

Nicholas P. Varlan (Robert S. Beer of counsel), for Roy A. Krall, appellant.

Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondent.

CARDAMONE, J., dissents in part and votes to reverse conviction for murder and grant a new trial thereon, in opinion.

HENRY, J.

Defendants robbed a helplessly drunken man and left him at the side of a highway where he was struck by an automobile and killed. They were convicted of the crimes of murder, second degree robbery and third degree grand larceny. They both voluntarily confessed to the crimes and the only serious question before us is whether the death was caused by their acts.

Appellants argue that although the...

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