PEOPLE v. JUSTICE


173 A.D.2d 144 (1991)

The People of the State of New York, Respondent, v. John Justice, Appellant

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

December 26, 1991


Attorney(s) appearing for the Case

John Nuchereno for appellant.

Kevin M. Dillon, District Attorney (J. Michael Marion of counsel), for respondent.

DENMAN, P. J., BALIO and LAWTON, JJ., concur with GREEN, J.; DOERR, J., dissents and votes to reverse in a separate opinion.


GREEN, J.

The facts of this tragic case are not in dispute and may be stated briefly. On September 16, 1985 at approximately 3:15 P.M. defendant, then 17 years of age and academically gifted, stabbed his brother to death as the brother returned home from school. Shortly thereafter, defendant fatally stabbed his mother when she returned home from work, then picked up his father from work in the family car and...

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