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  5. 71 N.Y.2d 684 (1988)
 

PEOPLE v. MOORE

71 N.Y.2d 684 (1988)

The People of the State of New York, Respondent, v. Richard Moore, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1988.

Attorney(s) appearing for the Case

Joel Atlas and Philip L. Weinstein for appellant.

Paul T. Gentile, District Attorney (Stanley R. Kaplan and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges HANCOCK, JR., and BELLACOSA concur with Judge SIMONS; Judge KAYE dissents and votes to reverse in a separate opinion in which Judges ALEXANDER and TITONE concur.

SIMONS, J.

Defendant has been convicted of two counts of murder, second degree, and other crimes committed in the course of killing 80-year-old Elizabeth Dougherty. The victim was found near death in her Bronx apartment, bound and gagged under a pile of curtains and clothing, and removed to a hospital where she subsequently died as a result of asphyxiation due to smothering...

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