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People v. Taylor
The second is when the “defendant—acting with a conscious objective not to kill but to harm—engages in torture or a brutal, prolonged and ultimately fatal course of conduct against a particularly vulnerable victim” ( 6 NY3d at 212 ; see Best, 85 NY2d 826 [1995] [defendant repeatedly beat his nine-year-old son, inflicting large open wounds through which bacteria entered and eventually caused his death]; Poplis, 30 NY2d 85 [1972] [defendant caused the death of a 3 1/2-year-old child by repeatedly beating her over a course of several days]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Lyria Best, Appellant
v.
Lyria Best, Appellant
New York Court of Appeals.
Feb 9, 1995.
648 N.E.2d 782
APPEARANCES OF COUNSEL, Stacy Wolf, Albany, and Harry Edelstein, Haverstraw, for appellant., Michael A. Arcuri, District Attorney of Oneida County, Utica (Raymond A. Tarkowski of counsel), for respondent.
Cited by 21 opinions | Published
OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (202 AD2d 1015).
Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Simons.