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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. LARABY, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20) and criminal trespass in the second degree (Penal Law § 140.15). We reject the contention of defendant that the unauthorized removal of life support equipment from the comatose victim constituted a supervening cause of death, thereby relieving him of criminal liability for the victim's death ( see, People v. Eulo, 63 N.Y.2d 341, 357; see also, People v Vaughn, 152 Misc.2d 731, 737-743). The proof is overwhelming that defendant's conduct in beating the victim was "an actual contributory cause of death" ( Matter of Anthony M., 63 N.Y.2d 270, 280). We also reject the contention of defendant that his sentence of 8 to 25 years on his manslaughter conviction is unduly harsh or severe.

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PEOPLE v. LARABY
(Nov 19, 1997)