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A wrinkle in the Penal Law; prosecutions for Manslaughter in the First Degree where the defendant did NOT intend to cause serious physical injury, but death results.
26 Mar 2015, 8:20 pm by Donald Thompson
 The use of a weapon, depending on the manner in which it is used, may also be indicative of the intent to inflict serious physical injury (People v Haynes, 39 AD3d 562 [2nd Dept 2007] [defendant killed the victim by driving a car straight at him]); People v Lewis, 300 AD2d 827 [3rd Dept 2002] [defendant killed victim by stabbing victim causing a deep penetrating wound through the back to the heart]; People v Owens, 251 AD2d 898 [3rd Dept 1998] [defendant… [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
Much Ado About Padilla v. Yoo
13 Jan 2008, 6:36 am
Haynes, and Tim Flanigan. [read post]
Balkinization - http://balkin.blogspot.com/
The Anti-Torture Memos
22 Dec 2006, 11:31 am
Scott Horton, A Question for December 7 (December 8, 2006)57. [read post]
Balkinization - http://balkin.blogspot.com/