PEOPLE v. DOYLE


3 A.D.3d 126 (2004)

770 N.Y.S.2d 318

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DOYLE, Appellant.

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

January 8, 2004.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York County (Donna Krone of counsel), for respondent.

Robert S. Dean, Center for Appellate Litigation (Laura Burde of counsel), for appellant.

BUCKLEY, P.J., SULLIVAN and ROSENBERGER, JJ., concur.


OPINION OF THE COURT

FRIEDMAN, J.

On January 14, 1998, defendant smoked crack cocaine for several hours with Daniel Moscicki. Defendant began arguing with Moscicki when the latter declined to give defendant money for the purchase of additional drugs. In the course of the argument, defendant attacked Moscicki with a sharp kitchen knife. Defendant stabbed the unarmed Moscicki in the chest, the hands, and the head; the wounds proved to be fatal. A grand jury...

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