People v. Russell
Court of Appeals of New York
693 N.E.2d 193 (1998)
Relevant factsFree
During a three-way gun battle on a Brooklyn street among Russell (defendant) and two other men, bystander Patrick Daly was shot and killed, but ballistics could not determine whose gun fired the fatal bullet. The trial judge instructed the jury that if it found the men joined in the gun battle and created a shared zone of danger, each was responsible regardless of whose bullet actually killed Daly. The jury convicted all three, and each appealed.
IssueFree
Whether multiple defendants can be convicted of depraved indifference murder committed by only one of them, where each intentionally aided the others in a mutual, dangerous gun battle.