People v. Dlugash case brief

People v. Dlugash case brief summary
 363 N.E.2d 1155 (1977)

CASE SYNOPSIS

The State challenged the judgment of the Court of Appeals, Second Judicial Department (New York), which reversed defendant's conviction for murder on the basis that the State failed to prove beyond a reasonable doubt that the victim was alive at the time defendant shot him.

CASE FACTS
Defendant was convicted of murder. After his conviction, defendant moved to set the verdict aside. The basis of defendant's contention was that he was absolutely certain the victim was dead before he shot him. The appellate court reversed the judgment and dismissed the indictment, holding that the State of New York failed to prove beyond a reasonable doubt that the victim was alive at the time he was shot by defendant.

DISCUSSION

• On review, the court agreed with the appellate court that it was not proven that the victim was alive at the time defendant shot him. 
• However, the court found that if defendant believed the victim was alive at the time of the shooting, it was no defense to the charge of attempted murder that the victim may have been dead. 
• The court held that, under N.Y. Penal Law §110.10, there was no defense to attempted murder since the murder would have been committed had the attendant circumstances been as defendant believed them to be.

CONCLUSION
The court directed the modification of the decision of the appellate court, which had reversed defendant's conviction for murder, to reflect a conviction for the lesser included offense of attempted murder.

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