People v. Race

78 A.D.3d 1217, 910 N.Y.S.2d 271
Appellate Division of the Supreme Court of the State of New York·Decided November 4, 2010·Published·Cited by 30 cases

Opinion

Egan Jr., J.

Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered January 15, 2009, convicting defendant following a nonjury trial of the crimes of murder in the first degree, burglary in the first degree and grand larceny in the fourth degree (three counts).

During the early morning hours of May 11, 2007, the body of Darcy Manor was found lying on a dirt road on the grounds of the Churubusco Lodge, a hunting camp in Clinton County where Manor worked as a part-time caretaker. He had been shot one time in the back. The victim’s Ford pickup truck was missing, [1218]*1218and a .44 caliber Huger rifle was missing from the camp. Four days later and more than 2,000 miles away, a United States Border Patrol agent, responding to a sensor alert near Los Indios, Texas, encountered defendant walking down a road near the United States border with Mexico at the Rio Grande River. When asked to produce a passport, defendant opened his duffel bag revealing a rifle. A scuffle then ensued, during which defendant attempted to grab the officer’s sidearm and bit him. Defendant was eventually subdued and taken into custody. A subsequent computer check of the rifle by the Border Patrol revealed that it had been reported stolen from the murder scene in New York.

In August 2007, defendant was indicted and charged with murder in the first degree, murder in the second degree, robbery in the first degree, three counts of grand larceny in the fourth degree and burglary in the third degree. In a subsequent indictment dated February 2008, defendant was indicted and charged with four counts of murder in the first degree, two counts of burglary in the first degree, two counts of grand larceny in the fourth degree, two counts of burglary in the second degree and criminal use of a firearm in the first and second degrees. After the two indictments were consolidated, one count was dismissed and, during the bench trial, six other counts were dismissed. Ultimately, County Court found defendant guilty of burglary in the first degree, murder in the first degree and three counts of grand larceny in the fourth degree.

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People v. Race, 78 A.D.3d 1217, 910 N.Y.S.2d 271 (N.Y. Ct. App. 2010).

78 A.D.3d 1217 (People v. Race) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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