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People v. Dlugash, 41 N.Y.2d 725, 363 N.E.2d 1155, 395 N.Y.S.2d 419

Facts

On December 22, 1973, Michael Geller was found shot to death in his Brooklyn apartment. An autopsy revealed multiple gunshot wounds, and the police investigation led to Dlugash, who admitted to shooting Geller after another suspect, Joe Bush, had shot him. Dlugash claimed he believed Geller was already dead when he fired the shots, but the medical testimony was inconclusive about Geller's status at the time of the shooting. The jury convicted Dlugash of murder, but the Appellate Division later reversed this decision.

On December 22, 1973, Michael Geller, 25 years old, was found shot to death in the bedroom of his Brooklyn apartment. The body, which had literally been riddled by bullets, was found lying face up on the floor.

Issue

Did the evidence support a conviction for murder, and could Dlugash be convicted of attempted murder despite believing the victim was dead at the time of the shooting?

The ultimate issue is whether an individual's intentions and actions, though failing to achieve a manifest and malevolent criminal purpose, constitute a danger to organized society of sufficient magnitude to warrant the imposition of criminal sanctions.

Rule

To sustain a homicide conviction, it must be established beyond a reasonable doubt that the defendant caused the death of another person. A person may be guilty of an attempt to commit a crime even if the crime was factually or legally impossible to commit, provided the defendant believed the circumstances to be such that the crime could have been committed.

The statute provides that, if a person engages in conduct which would otherwise constitute an attempt to commit a crime, “it is no defense to a prosecution for such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be.” (Penal Law, s 110.10.)

Analysis

The Court of Appeals found that the evidence did not establish beyond a reasonable doubt that Geller was alive when Dlugash shot him. However, the court noted that Dlugash's belief that Geller was alive at the time of the shooting did not absolve him of liability for attempted murder. The jury could reasonably conclude that Dlugash intended to kill Geller, regardless of whether Geller was actually alive, as the law allows for liability based on the defendant's belief about the circumstances.

Thus, if defendant believed the victim to be alive at the time of the shooting, it is no defense to the charge of attempted murder that the victim may have been dead.

Conclusion

The Court of Appeals affirmed the Appellate Division's decision to reverse the murder conviction but modified the order to reflect that Dlugash could be convicted of attempted murder. The case was remitted for further proceedings regarding this lesser included offense.

Accordingly, the order of the Appellate Division should be modified and the case remitted to the Appellate Division for its review of the facts pursuant to CPL 470.15 (see CPL 470.25, subd. 2, par. (d)) and for further proceedings with respect to the sentence (see CPL 470.20, subd. 4) in the event that the facts are found favorably to the People.

Who won?

The Appellate Division prevailed in reversing the murder conviction, as the evidence did not support that Geller was alive when Dlugash shot him.

The Appellate Division reversed the judgment of conviction on the law and dismissed the indictment. The court ruled that “the People failed to prove beyond a reasonable doubt that Geller had been alive at the time he was shot by defendant; defendant's conviction of murder thus cannot stand.” (51 A.D.2d 974, 975, 380 N.Y.S.2d 315, 317.)

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