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People v. Kibbe

35 N.Y.2d 407 (1974)

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People v. Kibbe

New York Court of Appeals

35 N.Y.2d 407 (1974)

Facts

George Stafford was drinking in a bar with Barry Kibbe and two others (defendants). Stafford became very intoxicated and was displaying significant amounts of cash. Stafford was eventually refused service at the bar and another bar because he was so intoxicated. Stafford asked for a ride to another town, and the defendants offered to drive him there. While on the road in Kibbe’s car, the defendants robbed Stafford. The defendants searched Stafford to be sure that they had found all of his money, took his glasses, coat, and shoes off, and pulled his pants down around his legs. On the highway, Kibbe stopped the car, and the defendants shoved him onto the highway while his pants were still down around his legs and his shoes were off. The defendants threw his shoes and coat out onto the highway as well, but did not return his glasses. It was approximately 9:30 p.m., and the temperature was about zero degrees. Visibility was poor in the area because there were no street lights in the area and the wind was blowing snow around. Within 30 minutes, a college student hit Stafford with his truck, because he could not see Stafford sitting on the highway with his hands raised. Stafford still had his pants around his legs and his shoes off. Stafford died as a result of the accident. The State of New York (plaintiff) charged the defendants with murder, robbery, and grand larceny. The jury convicted the defendants on all counts, and the defendants appealed the conviction of murder.

Rule of Law

Issue

Holding and Reasoning (Gabrielli, J.)

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