PEOPLE v. TRAPPIER


87 N.Y.2d 55 (1995)

660 N.E.2d 1131

637 N.Y.S.2d 352

The People of the State of New York, Appellant-Respondent, v. Jonathan Trappier, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1995.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Marc Frazier Scholl and Donald J. Siewert of counsel), for appellant-respondent.

Kerry A. Brennan, New York City, Philip L. Weinstein and Daniel L. Greenberg for respondent-appellant.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

Can a defendant intend to cause serious physical injury to another person and at the same time recklessly create a grave risk that death will result from that conduct? We conclude that the two mental states are not mutually exclusive when applied to different outcomes and consequently the jury verdict finding defendant guilty of both attempted first degree assault and first degree reckless endangerment...

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