People v. Roberts

Appellate Division of the Supreme Court of New York

People v. Roberts

73 A.D.2d 954, 424 N.Y.S.2d 13, 1980 N.Y. App. Div. LEXIS 9880

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1980

StatusPublished

Cited by7 cases

This text of 73 A.D.2d 954 (People v. Roberts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Roberts, 73 A.D.2d 954, 424 N.Y.S.2d 13, 1980 N.Y. App. Div. LEXIS 9880 (N.Y. Ct. App. 1980).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 19, 1978, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant’s guilt was established beyond a reasonable doubt. The testimony of an accomplice and two other witnesses established defendant’s identity as one of the three men who robbed the victim. Within moments of the crime the victim experienced the symptoms of a heart attack. Within one hour of the crime, the victim’s personal physician took an electrocardiogram and ascertained that the victim had suffered damage to the entire anterior portion and part of the lateral portion of his heart. The victim died the following day, and after an autopsy the associate medical examiner determined the cause of death to be recent myocardial infarction caused by stress. Thus, the evidence clearly established that defendant’s conduct caused the victim’s death (see Cox v People, 80 NY 500, 516; cf. People v Stewart, 40 NY2d 692). Damiani, J. P., Titone, Cohalan and O’Connor, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 19, 1978, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Defendant’s guilt was established beyond a reasonable doubt. The testimony of an accomplice and two other witnesses established defendant’s identity as one of the three men who robbed the victim. Within moments of the crime the victim experienced the symptoms of a heart attack. Within one hour of the crime, the victim’s personal physician took an electrocardiogram and ascertained that the victim had suffered damage to the entire anterior portion and part of the lateral portion of his heart. The victim died the following day, and after an autopsy the associate medical examiner determined the cause of death to be recent myocardial infarction caused by stress. Thus, the evidence clearly established that defendant’s conduct caused the victim’s death (see Cox v People, 80 NY 500, 516; cf. People v Stewart, 40 NY2d 692). Damiani, J. P., Titone, Cohalan and O’Connor, JJ., concur.

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Bluebook (online)

73 A.D.2d 954, 424 N.Y.S.2d 13, 1980 N.Y. App. Div. LEXIS 9880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roberts-nyappdiv-1980.

Opinion

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