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PEOPLE v. McKENSLEY

36 Misc.2d 311 (1962)

The People of the State of New York, Plaintiff, v. Elinor McKensley, Defendant.

Supreme Court, Niagara County.

October 2, 1962

Attorney(s) appearing for the Case

William B. Mahoney for defendant. William H. Earl, District Attorney, for plaintiff.

MICHAEL CATALANO, J.

Defendant seeks an order severing the second count, "Arson in the First Degree," of the indictment, alleging that she, on March 20, 1962, in Lockport, New York, in the nighttime willfully set on fire the dwelling house of Joseph Palia while a human being was present, from the first count, "Murder in the First Degree," alleging his killing during the commission of arson in the first degree at the same time and place.

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