PEOPLE v. BUTCHINO


13 A.D.2d 183 (1961)

The People of the State of New York, Respondent, v. Alvin Morris Butchino, Appellant

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

May 23, 1961.


Attorney(s) appearing for the Case

Lee H. Turner for appellant.

Charles E. Bowers, District Attorney (Roger W. Daniels of counsel), for respondent.

GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ., concur.


BERGAN, P. J.

Defendant having pleaded insanity in defense to the charge of assault, second degree, the main question on appeal is the adequacy of the court's charge to the jury on this subject.

The Penal Law provision is that an act committed "by a person who is * * * insane is not a crime"; but it adds that a person "is not excused from criminal liability as an * * * insane person, except upon proof...

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