henderson
kibbe
argued
march
decided
may
respondent
codefendant
robbing
intoxicated
man
car
abandoned
night
unlighted
rural
road
visibility
obscured
blowing
snow
twenty
thirty
minutes
later
helplessly
seated
road
man
struck
killed
speeding
truck
respondent
accomplice
subsequently
convicted
new
york
trial
grand
larceny
robbery
murder
new
york
statute
provides
person
guilty
murder
nder
circumstances
evincing
depraved
indifference
human
life
recklessly
engages
conduct
creates
grave
risk
death
another
person
thereby
causes
death
another
person
although
element
causation
stressed
arguments
defense
counsel
prosecution
trial
neither
party
requested
instruction
meaning
thereby
causes
language
statute
none
given
trial
judge
however
read
jury
statute
indictment
tracking
statutory
language
advised
jury
elements
crime
charged
must
proved
beyond
reasonable
doubt
person
acts
recklessly
respect
result
circumstance
described
statute
defining
offense
aware
consciously
disregards
substantial
unjustifiable
risk
result
occur
respondent
conviction
upheld
appeal
new
york
appeals
rejecting
argument
truckdriver
conduct
constituted
intervening
cause
relieved
defendants
criminal
responsibility
victim
death
respondent
filed
habeas
corpus
petition
federal
district
refused
review
raising
question
constitutional
dimension
respondent
attack
sufficiency
jury
charge
appeals
reversed
holding
authority
winship
since
constitution
requires
proof
beyond
reasonable
doubt
every
fact
necessary
constitute
crime
charged
failure
instruct
jury
essential
element
complex
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issue
case
created
impermissible
risk
jury
made
finding
constitution
requires
held
trial
judge
failure
instruct
jury
issue
causation
constitutional
error
requiring
district
grant
habeas
corpus
relief
pp
omission
causation
instruction
create
danger
jury
failed
make
essential
factual
determination
required
winship
supra
question
record
jurors
informed
issue
causation
element
required
decision
instructed
elements
crime
must
proved
beyond
reasonable
doubt
pp
opinion
new
york
appeals
makes
clear
adequate
instruction
told
jury
ultimate
harm
foreseen
reasonably
related
defendants
conduct
conduct
regarded
caused
victim
death
reason
believe
jury
reached
different
verdict
instruction
given
returning
guilty
verdict
jury
necessarily
found
accordance
trial
instruction
recklessness
respondent
aware
consciously
disregarded
substantial
unjustifiable
risk
death
occur
finding
logically
included
determination
ultimate
harm
foreseeable
pp
stevens
delivered
opinion
brennan
stewart
white
marshall
blackmun
powell
joined
burger
filed
opinion
concurring
judgment
post
rehnquist
took
part
consideration
decision
case
lillian
zeisel
cohen
assistant
attorney
general
new
york
argued
cause
petitioner
briefs
louis
lefkowitz
attorney
general
samuel
hirshowitz
first
assistant
attorney
general
margery
evans
reifler
assistant
attorney
general
sheila
ginsberg
argued
cause
respondent
brief
william
hellerstein
phylis
skloot
bamberger
lawrence
kurlander
filed
brief
monroe
country
amicus
curiae
justice
stevens
delivered
opinion
respondent
petitioner
custody
pursuant
conviction
murder
question
presented
us
whether
new
york
state
trial
judge
failure
instruct
jury
issue
causation
constitutional
error
requiring
federal
district
grant
habeas
corpus
relief
disagreeing
divided
panel
appeals
second
circuit
hold
evening
december
respondent
codefendant
encountered
thoroughly
intoxicated
man
named
stafford
bar
rochester
observing
stafford
display
least
two
bills
decided
rob
agreed
drive
nearby
town
car
respondent
slapped
stafford
several
times
took
money
search
concealed
funds
forced
stafford
lower
trousers
remove
boots
abandoned
unlighted
rural
road
still
state
partial
undress
without
coat
glasses
temperature
near
zero
visibility
obscured
blowing
snow
snow
banks
flanked
roadway
time
helplessly
seated
traffic
lane
quarter
mile
nearest
lighted
building
stafford
struck
speeding
pickup
truck
driver
testified
traveling
miles
per
hour
zone
first
two
approaching
cars
flashed
lights
presumably
warning
understand
immediately
cars
passed
driver
saw
stafford
sitting
road
hands
air
driver
neither
swerved
braked
vehicle
hit
stafford
stafford
pronounced
dead
upon
arrival
local
hospital
respondent
accomplice
convicted
grand
larceny
robbery
murder
conviction
murder
defined
penal
law
mckinney
challenged
statute
provides
person
guilty
murder
second
degree
nder
circumstances
evincing
depraved
indifference
human
life
recklessly
engages
conduct
creates
grave
risk
death
another
person
thereby
causes
death
another
person
emphasis
added
defense
counsel
argued
negligence
truckdriver
rather
defendants
action
caused
stafford
death
defendants
anticipated
fatal
accident
hand
prosecution
argued
death
foreseeable
occurred
conduct
defendants
therefore
cause
death
neither
party
requested
trial
judge
instruct
jury
meaning
statutory
requirement
defendants
conduct
thereby
cause
death
another
person
instruction
given
trial
judge
however
read
indictment
statute
jury
explained
meaning
statutory
language
advised
jury
person
acts
recklessly
respect
result
circumstance
described
statute
defining
offense
aware
consciously
disregards
substantial
unjustifiable
risk
result
occur
circumstance
exists
app
emphasis
added
appellate
division
new
york
affirmed
respondent
conviction
people
kibbe
app
div
although
respondent
challenge
sufficiency
instructions
jury
judge
cardamone
dissented
ground
trial
charge
explain
issue
causation
include
adequate
discussion
necessary
mental
state
judge
expressed
opinion
jury
upon
proper
instruction
concluded
victim
death
automobile
remote
intervening
cause
new
york
appeals
also
affirmed
identified
causation
issue
serious
question
raised
appeal
rejected
contention
conduct
driver
pickup
truck
constituted
intervening
cause
relieved
defendants
criminal
responsibility
stafford
death
held
necessary
ultimate
harm
intended
actor
suffice
said
beyond
reasonable
doubt
indeed
said
ultimate
harm
something
foreseen
reasonably
related
acts
accused
refused
consider
adequacy
charge
jury
question
raised
trial
respondent
filed
petition
writ
habeas
corpus
district
northern
district
new
york
relying
district
held
respondent
attack
sufficiency
charge
failed
raise
question
constitutional
dimension
without
charge
reviewable
federal
habeas
corpus
proceeding
app
appeals
second
circuit
reversed
view
defense
strategy
consistently
challenged
sufficiency
proof
causation
majority
held
failure
make
objection
jury
instructions
deliberate
bypass
precluding
federal
habeas
corpus
relief
rather
obviously
inadvertent
omission
merits
held
since
constitution
requires
proof
beyond
reasonable
doubt
every
fact
necessary
constitute
crime
winship
failure
instruct
jury
essential
element
complex
causation
issue
case
created
impermissible
risk
jury
made
finding
constitution
requires
appeals
decision
appeared
conflict
holding
cupp
naughten
granted
certiorari
respondent
argues
decision
appeals
affirmed
either
two
independent
grounds
omission
instruction
causation
created
danger
jurors
failed
make
essential
factual
determination
required
winship
assuming
reach
causation
question
without
adequate
guidance
might
rendered
different
verdict
proper
instructions
fair
evaluation
omission
context
entire
record
requires
rejection
arguments
held
due
process
clause
protects
accused
conviction
except
upon
proof
beyond
reasonable
doubt
every
fact
necessary
constitute
crime
charged
winship
supra
one
facts
new
york
statute
required
prosecution
prove
defendants
conduct
caused
death
stafford
new
york
appeals
held
evidence
plainly
sufficient
prove
fact
beyond
reasonable
doubt
equally
clear
record
requires
us
conclude
jury
made
finding
question
fact
jurors
informed
case
included
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issue
decide
element
causation
stressed
arguments
counsel
statutory
language
trial
judge
read
jury
expressly
refers
requirement
defendants
conduct
cause
death
another
person
indictment
tracks
statutory
language
read
jurors
given
copy
use
deliberations
judge
instructed
jury
elements
crime
must
proved
beyond
reasonable
doubt
whether
arguments
counsel
correctly
characterized
law
applicable
causation
issue
surely
made
clear
jury
issue
decided
follows
objection
predicated
holding
winship
without
merit
ii
appraisal
significance
error
instructions
jury
requires
comparison
instructions
actually
given
given
orderly
procedure
requires
respective
adversaries
views
jury
instructed
presented
trial
judge
time
enable
deliver
accurate
charge
minimize
risk
committing
reversible
error
rare
case
improper
instruction
justify
reversal
criminal
conviction
objection
made
trial
burden
demonstrating
erroneous
instruction
prejudicial
support
collateral
attack
constitutional
validity
state
judgment
even
greater
showing
required
establish
plain
error
direct
appeal
question
collateral
proceeding
whether
ailing
instruction
infected
entire
trial
resulting
conviction
violates
due
process
cupp
naughten
merely
whether
instruction
undesirable
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even
universally
condemned
case
respondent
burden
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instruction
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claim
prejudice
based
failure
give
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reading
statutory
language
causation
element
omission
incomplete
instruction
less
likely
prejudicial
misstatement
law
since
omission
escaped
notice
record
judge
cardamone
filed
dissenting
opinion
intermediate
appellate
level
probability
substantially
affected
jury
deliberations
seems
remote
respondent
submit
draft
instruction
causation
issue
trial
judge
new
york
courts
apparently
previous
occasion
construe
aspect
murder
statute
know
certainty
precisely
instruction
given
matter
new
york
law
know
new
york
appeals
found
reversible
error
case
discussion
sufficiency
evidence
gives
us
guidance
kind
causation
instruction
acceptable
new
york
appeals
concluded
evidence
causation
sufficient
said
beyond
reasonable
doubt
ultimate
harm
something
foreseen
reasonably
related
acts
accused
entirely
clear
whether
reference
ultimate
harm
merely
required
stafford
death
foreseeable
narrowly
death
speeding
vehicle
foreseeable
either
event
satisfied
ultimate
harm
one
foreseen
thus
adequate
instruction
told
jury
ultimate
harm
foreseen
reasonably
related
defendants
conduct
conduct
regarded
caused
death
stafford
significance
omission
instruction
may
evaluated
comparison
instructions
given
one
elements
respondent
offense
acted
recklessly
supra
returning
guilty
verdict
jury
necessarily
found
accordance
instruction
recklessness
respondent
aware
consciously
disregard
ed
substantial
unjustifiable
risk
death
occur
person
aware
consciously
disregards
substantial
risk
must
also
foresee
ultimate
harm
risk
entails
thus
jury
determination
respondent
acted
recklessly
necessarily
included
determination
ultimate
harm
foreseeable
strict
sense
additional
instruction
foreseeability
cumulative
related
element
offense
specifically
covered
instructions
given
since
logical
assume
jurors
responded
instruction
causation
consistently
determination
issues
comprehensively
explained
equally
logical
conclude
instruction
affected
verdict
accordingly
reject
suggestion
omission
complete
instructions
causation
issue
infected
entire
trial
resulting
conviction
violated
due
process
even
make
unlikely
assumption
jury
might
reached
different
verdict
pursuant
additional
instruction
possibility
speculative
justify
conclusion
constitutional
error
committed
judgment
reversed
ordered
footnotes
tr
respondent
sentenced
concurrent
terms
years
life
murder
conviction
years
robbery
conviction
indeterminate
term
four
years
grand
larceny
conviction
let
look
indictment
count
says
read
important
part
defendant
felon
ously
circumstances
evincing
depraved
indifference
human
life
recklessly
engaged
conduct
created
grave
risk
death
another
person
wit
george
stafford
thereby
caused
death
george
stafford
see
accent
put
reaching
elements
particular
crime
must
proven
beyond
reasonable
doubt
ou
going
honestly
come
conclusion
three
people
three
drinking
two
least
client
position
perceive
grave
risk
aware
disregard
perceive
stafford
sit
middle
northbound
lane
motorist
come
distracted
flashing
lights
opposite
lane
froze
wheel
swerve
brake
violating
law
speeding
make
matters
worse
particular
time
situation
low
beams
lot
anticipation
lot
looking
forward
supposed
anticipate
somebody
going
break
law
move
something
think
reasonable
doubt
app
mentioned
first
count
contain
reference
require
proof
depraved
indifference
human
life
proves
defendant
recklessly
engaged
conduct
created
risk
death
caused
death
george
stafford
well
know
members
jury
know
quite
obviously
acts
defendants
direct
preceding
cause
death
walked
one
downtown
know
went
across
one
bridges
swim
pushed
drowned
ca
swim
suppose
say
well
drowned
swim
course
fact
pushed
thing
sure
death
immediate
preceding
direct
cause
stafford
death
motor
vehicle
get
put
differently
man
dead
acts
two
defendants
submit
members
jury
acts
two
defendants
indeed
cause
death
stafford
walk
east
river
road
driven
glasses
taken
identification
taken
pants
around
ankles
app
div
added
statutory
provisions
dealing
intervening
causes
civil
case
law
relevant
context
issue
causation
submitted
jury
order
decide
whether
unjust
hold
appellants
liable
murderers
chain
events
actually
occurred
approach
suggested
american
law
institute
model
penal
code
see
comment
pp
tentative
draft
dissent
cite
new
york
authority
describing
causation
instruction
given
new
york
added
subscribe
requirement
defendants
actions
must
sufficiently
direct
cause
ensuing
death
imposition
criminal
liability
recognize
course
standard
greater
required
serve
basis
tort
liability
applying
criteria
defendants
actions
conclude
activities
evening
december
sufficiently
direct
cause
death
george
stafford
warrant
imposition
criminal
sanctions
engaging
may
properly
described
despicable
course
action
kibbe
krall
left
helplessly
intoxicated
man
without
eyeglasses
position
attending
circumstances
extricate
whose
condition
even
protect
elements
defendants
dispute
fact
conduct
evinced
depraved
indifference
human
life
created
grave
risk
death
rather
argue
likely
stafford
miraculously
rescued
good
amaritan
accept
argument
little
doubt
stafford
frozen
death
state
undress
remained
shoulder
road
alternative
left
highway
condition
one
reason
another
clearly
foreboded
probability
resulting
death
cf
humphrey
cady
fay
noia
omission
definition
causation
however
permitted
jury
conclude
issue
causation
inferred
merely
fact
stafford
death
succeeded
abandonment
kibbe
krall
possibility
jurors
laymen
may
misconstrue
evidence
makes
mandatory
every
case
instruction
legal
standards
must
apply
error
omission
instruction
compounded
legal
standard
complex
requires
fine
distinctions
made
assuredly
situation
case
held
death
produced
intervening
force
blake
operation
truck
liability
one
put
antecedent
force
action
depend
difficult
determination
whether
intervening
force
sufficiently
independent
supervening
cause
death
see
lafave
scott
criminal
law
collecting
cases
cases
provide
similar
factual
circumstances
suggest
controlling
questions
whether
ultimate
result
foreseeable
original
actor
whether
victim
failed
something
easily
within
grasp
extricated
danger
footnotes
omitted
dissent
judge
mansfield
reasoned
arguments
counsel
reading
statutory
definition
crime
general
instructions
made
clear
jury
find
beyond
reasonable
doubt
defendants
conduct
direct
cause
stafford
death
death
attributable
solely
truckdriver
even
though
instructions
intervening
cause
might
helpful
judge
mansfield
concluded
omission
constitutional
error
determining
effect
instruction
validity
respondent
state
conviction
accept
outset
proposition
single
instruction
jury
may
judged
artificial
isolation
must
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context
overall
charge
boyd
mean
instruction
may
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level
constitutional
error
see
cool
recognize
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commonly
culmination
trial
includes
testimony
witnesses
argument
counsel
receipt
exhibits
evidence
instruction
jury
judge
thus
challenged
instruction
one
many
instructions
process
instruction
one
several
components
trial
may
result
judgment
conviction
cupp
naughten
allis
harvey
tyler
wall
see
lopez
namet
characterized
appellate
consideration
trial
error
obviously
prejudicial
defense
mention
trial
extravagant
protection
see
boyd
strong
interest
preserving
finality
judgments
see
blackledge
allison
ante
powell
concurring
schneckloth
bustamonte
powell
concurring
well
interest
orderly
trial
procedure
must
overcome
collateral
relief
justified
collateral
attack
may
made
many
years
conviction
may
impossible
practical
matter
conduct
retrial
passage
opinion
quoted
supra
emphasizes
obvious
risk
death
freezing
suggesting
defendants
need
foreseen
precise
manner
death
occur
supra
charging
jury
recklessness
trial
judge
quoted
statutory
definition
term
penal
law
mckinney
fact
unlikely
complete
instruction
causation
issue
actually
favorable
prosecution
example
instruction
might
patterned
following
example
given
lafave
scott
criminal
law
intent
kill
wounds
leaving
lying
unconscious
unlighted
road
dark
night
driving
along
road
runs
kills
act
matter
coincidence
rather
response
done
thus
question
whether
subsequent
events
foreseeable
undoubtedly
illustration
instruction
probably
favorable
prosecution
instruction
recklessness
actually
gave
chief
justice
burger
concurring
judgment
concur
judgment
find
unnecessary
resolve
question
new
york
criminal
law
considered
ante
view
federal
precluded
granting
respondent
petition
collateral
relief
failed
object
jury
instructions
time
given
failure
waived
claim
constitutional
error
precisely
new
york
appeals
refused
consider
respondent
belated
claim
cf
henry
mississippi
held
certain
circumstances
defendant
failure
comply
state
procedural
requirements
deemed
waiver
federal
constitutional
rights
unless
shown
bypass
result
deliberate
tactical
decision
see
fay
noia
humphrey
cady
cases
however
involved
omissions
technical
nature
unlikely
jeopardize
substantial
state
interests
midtrial
omissions
occurred
case
hand
substantially
different
one
thing
fail
utilize
state
appeal
process
cure
defect
already
inheres
judgment
conviction
quite
another
forgo
making
objection
exception
might
prevent
error
ever
occurring
mullaney
wilbur
rehnquist
concurring
see
estelle
williams
powell
concurring
thus
failing
object
jury
charge
respondent
injected
trial
process
type
error
objection
requirement
designed
avoid
federal
courts
may
overlook
failure
collateral
attack
deliberate
bypass
doctrine
fay
noia
supra
extended
midtrial
procedural
omissions
impair
substantial
state
interests
simply
hold
district
barred
examining
substance
respondent
constitutional
claim
rest
reversal
appeals
ground
case
mullaney
state
highest
ruled
defendant
claim
even
though
failed
raise
issue
trial
rather
notes
ante
new
york
appeals
expressly
refused
rule
adequacy
charge
respondent
failed
object
trial