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PEOPLE v. DUGGINS

3 N.Y.3d 522 (2004)

821 N.E.2d 942

788 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIMEON DUGGINS, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 2004.

Attorney(s) appearing for the Case

Warren S. Landau, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Victor Barall and Leonard Joblove of counsel), for respondent.

Judges G.B. SMITH, ROSENBLATT and GRAFFEO concur with Judge READ; Judge R.S. SMITH dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.

OPINION OF THE COURT

READ, J.

We hold that the People adduced legally sufficient evidence that defendant committed first-degree murder by killing multiple victims during the "same criminal transaction" (Penal Law § 125.27 [1] [a] [viii]). In affirming defendant's conviction, we conclude that the statutory term of art "criminal transaction" in Penal Law § 125.27 (1) (a) (viii) should be construed as incorporating the technical definition given the...

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