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PEOPLE v. MUNOZ

11 A.D.2d 79 (1960)

The People of the State of New York, Respondent, v. Mary Munoz, Appellant

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

July 6, 1960.

Attorney(s) appearing for the Case

Arnold E. Wallach of counsel (Max Fruchtman, attorney), for appellant.

Irving Anolik of counsel (Isidore Dollinger, District Attorney), for respondent.

BREITEL, J. P., and STEVENS, J., concur with BASTOW, J.; McNALLY, J., dissents and votes to reverse and grant a new trial, in opinion, in which VALENTE, J., concurs.

BASTOW, J.

The principal question presented upon this appeal is whether the trial court erred in charging, pursuant to section 444 of the Code of Criminal Procedure, that defendant might be convicted of the crime of manslaughter, second degree, upon a finding by the jury that the homicide had been committed by defendant without a design to effect death by her "act, procurement...

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