The People of the State of New York, Respondent v. Darius Dubarry, Appellant

Summary

The New York Court of Appeals held that a defendant cannot be convicted of both intentional murder under a transferred intent theory and depraved indifference murder for the same homicide, and that the admission of an unavailable witness's grand jury testimony violated the defendant's Sixth Amendment right to confrontation. Accordingly, the Court ordered a new trial on the intentional murder, depraved indifference murder, and attempted murder counts. Justice Pigott dissented, arguing that the Sixth Amendment was not violated and that the attempted murder conviction should stand.