PEOPLE v. LIPSKY


84 A.D.2d 42 (1981)

The People of the State of New York, Appellant, v. Leonard Lipsky, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1981


Attorney(s) appearing for the Case

Donald O. Chesworth, District Attorney (Kenneth Fisher and David L. Pogue of counsel), for appellant.

Edward J. Nowak, Public Defender for respondent.

DOERR, J., concurs with HANCOCK, JR., J.; DILLON, P. J., concurs in a separate opinion; CALLAHAN and MOULE, JJ., dissent in an opinion by MOULE, J.


HANCOCK, JR., J.

Based on his confession to the crime, the defendant was convicted of murder in the second degree for the death of Mary Robinson. Although there was unrefuted proof of her disappearance, there was no direct proof of her death. A body identified as that of Mary Robinson was never found. After defendant's postverdict motion pursuant to CPL 330.30 (subd 1), the trial court set aside the verdict and dismissed the indictment holding that there...

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