Summary of Defendants 2 and 3
In the circumstances of the matter detailed above with regard to defendants 2 and 3, I did not find, as stated, that in the case of defendants 2 and 3, evidence was presented, which is beyond a reasonable doubt, to prove the offense of murder attributed in the indictment to defendant 2 and to prove the offense of aiding and abetting murder attributed to defendant 3. In light of this, there will be room for acquittal of defendants 2 and 3 of these offenses. However, it would be appropriate to convict defendants 2 and 3 of an alternative offense, according to their erroneous mental element, and to consider them as conspiring to commit the offense of possession of dangerous drugs for self-consumption (under section 7 of the Dangerous Drugs Ordinance), defendant 2 as having committed the offense of attempting to commit this offense (according to section 25 of the Penal Law), and defendant 3 as having assisted defendant 2 in the said attempt (according to section 31 of the Penal Law).
In addition, there will be room to convict Defendant 3 of the offense of possession of a drug other than for self-consumption.
Conclusion
Defendant 1
I will propose to convict Defendant 1 of murder, an offense under Section 300(a)(2) of the Penal Law, 5737-1977, and I will also propose to convict him of the offense of destruction of evidence – an offense under Section 242 of the Penal Law.
Defendants 2 and 3
In light of all of the above, with respect to defendants 2 and 3, I will propose to the right of defendant 2 of the offense of murder, an offense under section 300(a)(2) of the Penal Law, 5737, and I will also propose to the right of defendant 3 of the offense of aiding and abetting murder, an offense under section 300(a)(2) of the Penal Law, together with section 31 of the law. I will propose in favor of defendants 2 and 3 of the offense of destruction of evidence, an offense under section 242 of the law.
At the same time, I would propose that defendant 2 be convicted of the offense of attempting to commit the offense of possession of dangerous drugs not for personal consumption (section 7(a) + (c) of the Dangerous Drugs Ordinance (New Version) 5733-1973 + section 25 of the Penal Law).