PEOPLE v. STEWART


40 N.Y.2d 692 (1976)

The People of the State of New York, Respondent, v. Jarvis Stewart, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1976.


Attorney(s) appearing for the Case

Susan E. Hofkin and William E. Hellerstein, New York City, for appellant.

Eugene Gold, District Attorney (Elliott Schulder of counsel), Brooklyn, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

The defendant was charged with stabbing and killing Daniel Smith. There is no doubt that the defendant stabbed Smith and that Smith later died at a hospital. However at trial one of the principal issues was whether the stab wound caused the death, or whether death was caused solely by medical malpractice at the hospital or by other intervening effective medical cause. The jury after being charged...

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