PEOPLE V. RUSSELL
693 N.E.2d 280 (1998)
NATURE OF THE CASE: This was an appeal from the decision of the Appellate Division, which
affirmed convictions of Russell (Ds) of murder in the second degree.
FACTS: On December 17, 1992, Shamel Burroughs engaged in a gun battle with Jermaine
Russell (D) and Khary Bekka in a housing project in Brooklyn. Patrick Daly, a public school
principal looking for a child who had left school, was fatally wounded by a single stray
nine millimeter bullet that struck him in the chest. Burroughs, Bekka and D--defendants on
this appeal--were all charged with second degree murder Two separate juries, one for
Burroughs and another for D and Bekka, were impaneled contemporaneously and heard the
evidence presented at trial. Ballistics tests were inconclusive in determining which
defendant actually fired the bullet that killed Daly. The prosecution theorized that each of
them acted with the mental culpability required for commission of the crime, and that each
'intentionally aided' the defendant who fired the fatal shot. Both juries convicted
defendants of second degree, depraved indifference murder. On appeal, each defendant
challenges the sufficiency of the evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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