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People v. Murden

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 704 (N.Y. App. Div. 1987)

Opinion

June 15, 1987

Appeal from the Supreme Court, Kings County (Goldman, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference to be drawn therefrom (see, People v Giuliano, 65 N.Y.2d 766, 768), it was demonstrated that the defendant's actions "`forged a link in the chain of causes which actually brought about the death'" of the decedent (see, Matter of Anthony M., 63 N.Y.2d 270, 280, quoting from People v Stewart, 40 N.Y.2d 692, 697). Further, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). Contrary to the defendant's contention, there was no evidence adduced at trial that the decedent's death was caused by the gross negligence of the hospital where she was admitted or by its employees (see, Matter of Anthony M., supra, at 280; People v Bonilla, 63 N.Y.2d 341, 359; People v Murphy, 122 A.D.2d 893, 894, lv denied 68 N.Y.2d 1003).

The defendant's contentions of error in the trial court's charge were unpreserved for review and, in any event, lack merit. The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80, 85-86). Lawrence, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

People v. Murden

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 704 (N.Y. App. Div. 1987)
Case details for

People v. Murden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANFORD MURDEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1987

Citations

131 A.D.2d 704 (N.Y. App. Div. 1987)