People v. Latham, 83 N.Y.2d 233 (1994)
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The delayed death exception to New York’s statutory double jeopardy protection (CPL 40.20[2][d]) extends to the offense of attempted murder, allowing a subsequent prosecution for murder when the victim dies after the defendant has been convicted of attempted murder for the same act.
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Summary
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Latham pleaded guilty to attempted murder after severely injuring Shambeau. Shambeau died weeks after Latham’s sentencing. The court addressed whether a subsequent murder indictment violated double jeopardy protections. The court held that the delayed death exemption to double jeopardy applied, permitting the murder prosecution. It reasoned that attempted murder is a non-homicide offense resulting in physical injury, satisfying the statutory requirements for the exception. The court also noted that the death, a necessary element of homicide, occurred after the attempted murder conviction, thus the Blockburger test was satisfied, and there was no double jeopardy violation.
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Facts
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Latham strangled and stabbed Shambeau after she ended their relationship on May 18, 1990. Shambeau survived but suffered a severe stab wound to the neck, resulting in paralysis and the need for life support. Latham surrendered to authorities and was indicted for attempted murder and attempted assault. On January 9, 1991, Latham pleaded guilty to attempted murder and was sentenced. Shambeau died seven weeks after Latham’s sentencing due to complications from the injuries. A subsequent indictment charged Latham with second-degree murder.
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Procedural History
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The trial court dismissed the murder indictment on double jeopardy grounds. The Appellate Division reversed the trial court’s decision and reinstated the murder indictment. Latham appealed to the New York Court of Appeals.
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Issue(s)
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Whether the prosecution for murder in the second degree, after the defendant’s conviction for attempted murder, violates statutory and constitutional protections against double jeopardy where the victim dies after the attempted murder conviction.
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Holding
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Yes, because the delayed death exemption to New York’s statutory double jeopardy protection (CPL 40.20 [2] [d]) extends to the offense of attempted murder, and under the facts of this case, a separate prosecution for homicide does not violate the state or federal constitution.
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Court’s Reasoning
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The court held that the delayed death exemption (CPL 40.20 [2] [d]) applies because Latham was initially prosecuted for attempted murder, a non-homicide offense resulting in physical injury. The subsequent charge was for homicide based on Shambeau’s death from the same injuries, which occurred after the attempted murder prosecution. The court emphasized that attempted murder, by definition, is a non-homicide offense as it