People v. Hall 557 N.Y.S. 2d 879 (N.Y. App. Div. 1990) Fact: Procedural Facts: Convicted of homicide in Trial court. At court of appeals. Operative Facts: Darryl Aaron got in a fight with Leonard hall (Defendant). After fight got broken up, Hall went to procure (get) a gun. He went back and shot at Darryl Aaron but hit a innocent bystander, Brigette Garrett, who was 28-32 weeks prego. Baby had to be delivered right away because bullet hit the placenta. Baby died after being alive for 36 hours. He was charged for the death of a person, not of a fetus. There was ample evidence that the baby was alive after birth, he was from vital sign 1 to vital sign 4 (0 -10. 0 being dead). Baby got dieases due to the lack of oxygen, from the bullet hitting the placenta. Issue: Broad Question: If this is a first impression for the court, does the defendant automatically get a ex post facto? Narrow Question: Being the main purpose for a baby dying due to damages inflicted as a fetus, would that be considered a homicide of a human being? Holding:
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