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PEOPLE v. HEBER

192 Misc.2d 412 (2002)

745 N.Y.S.2d 835

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WAYNE HEBER, Defendant.

Supreme Court, Kings County.

June 3, 2002.

Attorney(s) appearing for the Case

Edward Hammock, Elmont, for defendant.

William L. Murphy, District Attorney, Staten Island (Wanda D'Olivera of counsel), for plaintiff.

OPINION OF THE COURT

MICHAEL A. AMBROSIO, J.

In this case, an all too familiar tragedy raises what is apparently a novel question of law in this state. Can a person be held criminally liable for the unintentional firearm related death of a young child who shoots himself with a gun left by that person in an easily accessible location in his home?

On July 14, 2001, four-year-old Ojagee Heber died as a result...

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