PEOPLE v. LARABY (1997)

Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20[1] ) and criminal trespass in the second degree (Penal Law § 140.15).   We reject the contention of defendant that the unauthorized removal of life support equipment from the comatose victim constituted a supervening cause of death, thereby relieving him of criminal liability for the victim's death (see, People v. Eulo, 63 N.Y.2d 341, 357, 482 N.Y.S.2d 436, 472 N.E.2d 286;  see also, People v. Vaughn, 152 Misc.2d 731, 737-743, 579 N.Y.S.2d 839).   The proof is overwhelming that defendant's conduct in beating the victim was “an actual contributory cause of death” (Matter of Anthony M., 63 N.Y.2d 270, 280, 481 N.Y.S.2d 675, 471 N.E.2d 447).   We also reject the contention of defendant that his sentence of 81/313 to 25 years on his manslaughter conviction is unduly harsh or severe.

Judgment unanimously affirmed.

MEMORANDUM: