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PEOPLE v. DUBARRY

No. 32

25 N.Y.3d 161 (2015)

31 N.E.3d 86

8 N.Y.S.3d 624

2015 NY Slip Op 02865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIUS DUBARRY, Appellant.

Court of Appeals of New York.

Decided April 7, 2015.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Denise A. Corsi and Lynn W.L. Fahey of counsel), and Darius Dubarry, pro se, for Darius Dubarry, appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Thomas M. Ross and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges ABDUS-SALAAM and STEIN concur; Judge PIGOTT dissents in part in an opinion in which Judges READ and FAHEY concur.

OPINION OF THE COURT

This appeal presents the novel question of whether defendant may be subject to multiple liability for a single homicide under a "transferred intent" theory, where defendant kills one victim in the course of attempting to kill someone else. We conclude that...

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