Nature of the Case
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Facts
People v Eulo
D and his girlfriend attended a volunteer firemen's fair in Kings Park, Suffolk County. Not long after they arrived, the two began to argue, reportedly because D was jealous over one of her former suitors, whom they had seen at the fair. The argument continued through the evening; it became particularly heated as the two sat in D's pick-up truck, parked in front of the home of the girlfriend's parents. Around midnight, D shot her in the head with his unregistered handgun. She was rushed by ambulance to the emergency room of St. John's Hospital. A gunshot wound to the left temple causing extreme hemorrhaging was apparent. A tube was placed in her windpipe to enable artificial respiration, and intravenous medication was applied to stabilize her blood pressure. Painful stimuli were applied and yielded no reaction. Various reflexes were tested and, again, there was no response. A further test determined that the victim was incapable of spontaneously maintaining respiration. An electroencephalogram (EEG) resulted in 'flat,' or 'isoelectric,' readings indicating no activity in the part of the brain tested. The victim's breathing was maintained solely by a mechanical respirator. Her heartbeat was sustained and regulated through medication. Faced with what was believed to be an imminent cessation of these two bodily functions notwithstanding the artificial maintenance, the victim's parents consented to the use of certain of her organs for transplantation. A second neurosurgeon diagnosed that the victim's entire brain had irreversibly ceased to function. This diagnosis was reviewed and confirmed by the Deputy Medical Examiner for Suffolk County and another physician. She was pronounced dead at 2:20 p.m. on July 23, although at that time she was still attached to a respirator and her heart was still beating. Her body was taken to a surgical room where her kidneys, spleen, and lymph nodes were removed. The mechanical respirator was then disconnected, and her breathing immediately stopped, followed shortly by a cessation of the heartbeat. D was indicted for second-degree murder. D was convicted of manslaughter. The Appellate Division unanimously affirmed the conviction, without opinion.
People v Bonilla
A police officer found a man lying face up in a Brooklyn street with a bullet wound to the head. The officer transported the victim in his patrol car to the Brookdale Hospital, where he was placed in an intensive care unit. Shortly after arriving at the hospital, the victim became comatose and was unable to breathe spontaneously. He was placed on a respirator, and medication was administered to maintain his blood pressure. A doctor found no reflex reactions and no response to painful stimuli. The mechanical respirator was disconnected to test for spontaneous breathing. There was none. An EEG indicated an absence of activity in the part of the brain tested. In the physician's opinion, the bullet wound had caused the victim's entire brain to cease functioning. The victim's mother consented to a transfer of his kidneys and spleen. Death was pronounced following the second battery of tests and the victim's kidneys and spleen were removed for transplantation. The respirator was then disconnected, and the victim's breathing and heartbeat stopped. D1 admitted to the shooting. He was indicted for second-degree murder and criminal possession of a weapon. A jury convicted him of the weapons count and first-degree manslaughter. The conviction was affirmed by a divided Appellate Division.
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