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PEOPLE v. PEETZ

7 N.Y.2d 147 (1959)

The People of the State of New York, Respondent, v. Herbert Peetz, Jr., Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Arnold E. Wallach, Aaron B. Z. Silver and Chester E. Kleinberg for appellant.

Edward S. Silver, District Attorney (William I. Siegel and David Diamond of counsel), for respondent.

Judges DESMOND, FULD, FROESSEL and VAN VOORHIS concur with Judge BURKE; Chief Judge CONWAY concurs in the result upon the ground that the legal evidence before the Grand Jury was insufficient to warrant the inference that defendant's actions were performed in the heat of passion and, thus, were insufficient to support an indictment charging defendant with the crime of manslaughter in the second degree; Judge DYE dissents and votes to affirm.

BURKE, J.

The basic question presented is the sufficiency of the evidence supporting an indictment returned by the Kings County Grand Jury charging the defendant with the crime of manslaughter, second degree. He is accused of throwing his infant son into a baby carriage while in the heat of passion, thereby inflicting fatal injuries. The defendant's motions to dismiss the indictment before trial following the...

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