People v. Duffy

79 N.Y.2d 611 (1992)

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Nature of the Case

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Facts

Jason Schuhle--a 17-year-old youth--met D on a street during the early morning hours of August 6, 1988. Schuhle was extremely distraught over having recently broken-up with his girlfriend. Schuhle stated to D his desire to kill himself. Schuhle accompanied D back to D's apartment. For the next 30 or so minutes, Schuhle--who had been drinking heavily--continued to express suicidal thoughts and repeatedly asked D to shoot him. D provided Schuhle with some more alcohol and challenged him several times to jump headfirst off the porch of his second-story apartment. D got 'tired' of hearing Schuhle complain about wanting to die so he Schuhle that he had a gun that Schuhle could use to kill himself. D retrieved a British .303 caliber Enfield rifle from his gun cabinet, and handed it to Schuhle, along with a number of bullets. He urged Schuhle to 'put the gun in his mouth and blow his head off.' Schuhle loaded the rifle, pointed the barrel at himself, and pulled the trigger. He later died as a result of the massive injuries he suffered. D was indicted for two counts of manslaughter in the second degree. The first count alleged that he had intentionally caused or aided Schuhle in committing suicide and the second alleged that he had recklessly caused Schuhle's death. D was convicted of the second. The Appellate Division reversed and dismissed the indictment. It read the statute as only making it illegal for causing or aiding a suicide only when the defendant acts intentionally. P appealed.