Court of Appeals of New York

Defendant's murder sentence, which involved consecutive terms, is affirmed where the actus reus of one victim's murder was not the same as the actus reus underlying another victim's attempted murder, and the actus reus of one victim's murder was not a material element of the actus reus of the other victim's attempted murder because more than the two shots that struck the first victim were fired at the second.

Appellate Information

• Decided 12/13/2010
• Published 01/03/2011

Judges

• Susan P. Read

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Allen Fallek, Keith Dolan