PEOPLE v. FLAYHART


72 N.Y.2d 737 (1988)

The People of the State of New York, Respondent, v. Richard W. Flayhart and Beatrice M. Flayhart, Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1988.


Attorney(s) appearing for the Case

E. Andrew Walton and David R. Garner for Richard W. Flayhart, appellant.

Thomas J. Snider for Beatrice Flayhart, appellant.

Charles A. Gardner, District Attorney (Jane M. Getman of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Judge TITONE; Judge HANCOCK, JR., concurs in a separate opinion.


TITONE, J.

Defendants Richard and Beatrice Flayhart, who are husband and wife, were charged with reckless manslaughter and criminally negligent homicide on the theory that, acting together and with the requisite culpable mental states, they engaged in conduct that brought about the death of Richard's brother, Terry Flayhart. Terry, who lived with defendants during the last period of his life, was mentally retarded...

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