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PEOPLE v. BONILLA

95 A.D.2d 396 (1983)

The People of the State of New York, Respondent, v. Robert Bonilla, Appellant

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

September 19, 1983

Attorney(s) appearing for the Case

William E. Hellerstein (David Samel of counsel), for appellant.

Elizabeth Holtzman, District Attorney (Michael Yoeli of counsel), for respondent.

NIEHOFF, J., concurs with RUBIN, J., in a separate opinion; GULOTTA, J., concurs in the opinion of NIEHOFF, J.; TITONE, J. P., dissents insofar as he votes to reduce the conviction of manslaughter in the first degree to assault in the second degree and otherwise concurs to affirm the judgment, with an opinion; LAZER, J., dissents and votes to reverse the judgment and order a new trial, with an opinion.

RUBIN, J.

This appeal raises the question of whether a defendant who has inflicted a mortal wound on another person can escape a homicide conviction because of the acts of hospital doctors in removing the victim's kidneys and spleen for transplant and thereafter disconnecting life support systems. In essence, defendant's principal contention is that the People have not proven beyond a reasonable doubt that he "cause[d] the death" of the victim (Penal...

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