PEOPLE v. EGAN


72 A.D.2d 239 (1980)

The People of the State of New York, Respondent, James Egan, Appellant

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

January 24, 1980


Attorney(s) appearing for the Case

Fiandach & Fiandach (Edward Fiandach of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Sharon Stiller of counsel), for respondent.

HANCOCK, JR., DOERR, WITMER and MOULE, JJ., concur.


SIMONS, J. P.

Defendant has been convicted of murder, second degree, for aiding his wife, Mavis Egan, to kill her former husband, James Gerks. In submitting the issue of intentional killing to the jury, the court charged it that "a person is presumed to intend the natural and probable consequences of his act and if the consequences are natural and probable, you will not be heard to say that he did not intend...

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