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People v. Culpepper

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1985
109 A.D.2d 622 (N.Y. App. Div. 1985)

Opinion

March 7, 1985

Appeal from the Supreme Court, New York County (Berman, J.).


A review of the record shows that the People failed to prove beyond a reasonable doubt any intent by defendant "to cause the death" of the victim, Crawford Anderson ( see, Penal Law § 125.25). Defendant stabbed Anderson while in the midst of a close physical confrontation which Anderson actively advanced. Although the People did disprove defendant's justification defense beyond a reasonable doubt, there was no similar showing with regard to his intent to kill as opposed to an intent to seriously injure ( see, Penal Law § 125.20). Since the facts support the latter but not the former intent, we modify to reduce the conviction to one for manslaughter in the first degree and remand for resentencing.

Concur — Sandler, J.P., Sullivan, Asch and Bloom, JJ.


Summaries of

People v. Culpepper

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1985
109 A.D.2d 622 (N.Y. App. Div. 1985)
Case details for

People v. Culpepper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD CULPEPPER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 1985

Citations

109 A.D.2d 622 (N.Y. App. Div. 1985)

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