PEOPLE v. RUSSELL


91 N.Y.2d 280 (1998)

693 N.E.2d 193

670 N.Y.S.2d 166

The People of the State of New York, Respondent, v. Jermaine Russell, Appellant. The People of the State of New York, Respondent, v. Khary Bekka, Appellant. The People of the State of New York, Respondent, v. Shamel Burroughs, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1998.


Attorney(s) appearing for the Case

Robert J. Ellis, Jr., New York City, for appellant in the first above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jane S. Meyers, Roseann B. MacKechnie and Anne C. Feigus of counsel), for respondent in the first above-entitled action.

Florence M. Kerner, Huntington, for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jane S. Meyers, Roseann B. MacKechnie and Anne C. Feigus of counsel), for respondent in the second above-entitled action.

Harold V. Ferguson, Jr., New York City, and Daniel L. Greenberg for appellant in the third above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jane S. Meyers and Roseann B. MacKechnie of counsel), for respondent in the third above-entitled action.

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


Chief Judge KAYE.

Shortly before noon on December 17, 1992, Shamel Burroughs engaged in a gun battle with Jermaine Russell and Khary Bekka on Centre Mall of the Red Hook Housing Project in Brooklyn. During the course of the battle, Patrick Daly, a public school principal looking for a child who had left school, was fatally wounded by a single stray nine millimeter bullet...

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