Opinion
November 19, 1997
(Appeal from Judgment of Oneida County Court, Donalty, J. — Manslaughter, 1st Degree.)
Present — Pine, J. P., Lawton, Hayes, Wisner and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20) and criminal trespass in the second degree (Penal Law § 140.15). We reject the contention of defendant that the unauthorized removal of life support equipment from the comatose victim constituted a supervening cause of death, thereby relieving him of criminal liability for the victim's death ( see, People v. Eulo, 63 N.Y.2d 341, 357; see also, People v Vaughn, 152 Misc.2d 731, 737-743). The proof is overwhelming that defendant's conduct in beating the victim was "an actual contributory cause of death" ( Matter of Anthony M., 63 N.Y.2d 270, 280). We also reject the contention of defendant that his sentence of 8 to 25 years on his manslaughter conviction is unduly harsh or severe.