GIOIA v. STATE OF NEW YORK


16 A.D.2d 354 (1962)

Salvatore R. Gioia, as Administrator of The Estate of Joseph D. Gioia, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 36174.)

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

May 17, 1962.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon, Paxton Blair and Donald J. MacHarg of counsel), for appellant.

Darch, Noonan & Hughes (Millard J. Noonan of counsel), for respondent.

BASTOW, McCLUSKY and HENRY, JJ., concur with HALPERN, J.; WILLIAMS P. J., dissents and votes for affirmance in opinion.


HALPERN, J.

The claimant's intestate was arrested on October 17, 1958, on a charge of having murdered his wife. While under questioning at the State troopers' barracks in the City of Batavia, he jumped out of a second floor window. As a result, he suffered a fracture of one of the bones of his ankle. It is an open question whether the decedent's purpose was to escape or whether it was to commit suicide. The trial...

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