Whether physician's removal and withholding of a breathing tube from comatose assault victim, at victim's family's direction but without victim's proven authorization, is a superseding cause that relieves Defendant of criminal liability for victim's death.
No. The order of the Appellate Division, affirming conviction of Defendant and holding that there was overwhelming evidence that Defendant's conduct in beating the victim was an actual contributory cause of her death, should be affirmed because the Court of Appeals cannot review Defendant's present objection.
Defendant never objected to the trial court's omission of the issue of the physician withholding and removing the breathing tube from the victim without her proven authorization in charging superseding cause, and he did not move to dismiss on the basis of superseding cause before the case was submitted to the jury. Because defendant did not preserve the argument by raising it for the first time in his motion to set aside the verdict, his present objection is unreviewable by the Court of Appeals.
Prepared by the liibulletin-ny Editorial Board.