As my colleague detailed, the blunt injuries caused to the deceased were apparently caused by slamming against the wall and the floor, as part of the struggle. A struggle in which the deceased tried to protect his life, and the defendant tried, and succeeded, to deprive them. In other words, the bruises are an expression of actions that were an integral part of the act of killing, and not an additional component that causes excessive suffering.
Looking at the next stage of the proceeding, the great cruelty with which the act of murder was committed must be taken into account in assessing the appropriate punishment range. However, the cruelty is not "special" to the extent that the legislature intended to determine that "aggravating circumstances" existed.
Therefore, if my opinion is heard, it will be determined that the defendant murdered the deceased intentionally, and the defendant will be convicted of the offense of "murder" under section 300(a) ofthe Penal Law.
| Alon Infeld, a judge in Diem. |
The Honorable Justice Ariel Hazak:
I agree with what is stated in the learned opinion of my learned colleagues Justice A. Vago. I also agree with the supplementary words of my colleague Justice A. Infeld, except on the issue of special cruelty, on which my opinion is the same as that of Justice A. Vago.
| Ariel Hazak, Judge |
Therefore, it was determined, unanimously, that the defendant intentionally murdered the deceased. By a majority opinion, it was decided to convict him of the offense of murder under aggravated circumstances under section 301a(a)(7) of the Penal Law, 5737-1977 .
Granted today, November 19, 2025, in the presence of the parties.
| Ariel Vago,
Vice-President of the Dime. Presiding Judge |
Alon Infeld, a judge in Diem. | Ariel Hazak, Judge |