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THE APPELLATE DIVISION’S VACATION OF DEFENDANT’S FIRST DEGREE MURDER CONVICTION WAS AFFIRMED; THE PEOPLE DID NOT PROVE THE “RELISHING THE INFLICTION OF EXTREME PAIN” ELEMENT (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Troutman, over two concurring opinions, affirmed the appellate division’s vacation of the defendant’s first degree murder conviction. The appellate division concluded two elements of first degree murder had not been proven: (1) a “course of conduct” which inflicted extreme physical pain; and (2) defendant’s “relishing” the infliction of extreme physical pain upon the victim. The majority agreed with the People that the “course of conduct” element had been proven. But the majority agreed with the appellate division that the “relishing the infliction of extreme pain” element was not proven. The victim was attacked and stabbed multiple times by a group of gang members, including defendant. Defendant inflicted the fatal stab wound to the victim’s neck which caused him to bleed to death. The stab wounds inflicted by others in the gang were deemed “superficial:”

A rational jury could have concluded that [the victim’s] other wounds, inflicted pursuant to a course of conduct during which [the victim] was dragged from the store to the street, and then while on the ground subjected to several stab wounds of varying degrees from multiple assailants, caused him extreme physical pain before his death. * * *

The People’s evidence with respect to this mens rea element consisted of testimony that, shortly after attacking [the victim], defendant stated in a boastful tone that [the victim] was “not gonna eat for a good long time because [defendant] hit him in the neck.” The People also presented evidence that defendant sought out [gang]  leadership after the attack to claim responsibility for stabbing [the victim] in the neck.

This evidence demonstrates, at most, that defendant took pride in having killed [the victim], not that he took pleasure in causing [the victim] extreme physical pain before his death. The statute is clear that the defendant must relish or take pleasure in inflicting extreme physical pain, not simply in killing the victim … . People v Estrella, 2024 NY Slip Op 01499, CtApp 3-19-24

Practice Point: The “course of conduct” to inflict extreme pain and the “relishing” the infliction of extreme pain elements of first degree murder explained and debated. Here the “relishing” element was not proven.

 

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IT WAS NOT CLEAR FROM THE RECORD WHETHER THE JUDGE IMPROPERLY DEEMED YOUTHFUL... EVIDENCE THE DEFENDANT ACTED OUT OF ANGER WAS NOT INCOMPATIBLE WITH THE FINDNG...