People v. Hall

557 N.Y.S.2d 879 (1990)

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Nature of the Case

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Facts

D became engaged in a fistfight with Darryl Aaron in a grocery store. D left to procure a gun. He then returned to the scene and waited across the street until Aaron emerged from a corner pool hall. D opened fire at Aaron, who managed to avoid being hit by ducking for cover. Two of the bullets hit a passerby, Brigette Garrett, who was on her way to a nearby restaurant, striking her in the arm and the abdomen. One of the shots having penetrated her uterus and also damaging the intestinal-bowel system. She was, at the time, some 28-to-32-weeks pregnant, and the shot to the stomach also severed the placenta, resulting in a lack of oxygen to the fetus, which mandated an immediate delivery. The baby, Atallia, was born by Caesarean section and lived for some 36 hours before expiring from a series of maladies attributed to prematurity and oxygen deprivation. D learned that his bullets had actually hit a pregnant woman whose baby had died. D intended to turn himself in. D provided the police with a written statement claiming he was a witness but, almost immediately, altered his account, conceding that he was the person who had fired the gun. D first claimed that he had shot at Aaron in self-defense after Aaron fired at him before eventually admitting that Aaron was not even in possession of a gun. D was indicted for attempted (intentional) murder in the second degree with 'John Doe' as the intended victim, criminal use of a firearm in the first degree, and assault in the first degree (upon Brigette Garrett). D was indicted for attempted (intentional) murder in the second degree with 'John Doe' as the intended victim, criminal use of a firearm in the first degree and assault in the first degree (upon Brigette Garrett). D was charged with three additional counts; two counts of (intentional and depraved indifference) murder for the killing of Atallia Garrett and criminal possession of a weapon in the second degree. D moved to dismiss the murder charges, in that Atallia Garrett was not born alive and, was not a legal person as statutorily mandated for a homicide conviction. The motion was denied. The counts of attempted murder and criminal use of a firearm were dismissed. A mistrial was declared when the jury was unable to reach a verdict. A second trial commenced and D was found guilty of the lesser included offense of manslaughter in the second degree with respect to Atallia's death, and he was also convicted of first-degree assault upon Brigette Garrett and criminal possession of a weapon in the second degree. D appealed.