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PEOPLE v. WOOD

12 N.Y.2d 69 (1962)

The People of the State of New York, Respondent, v. Frederick Charles Wood, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1962.

Attorney(s) appearing for the Case

Nancy Carley, Edward H. Potter, Abraham Schwartz and Estelle Herman for appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Judges DYE, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND and Judge VAN VOORHIS dissent and vote to reverse and to dismiss the indictment upon the ground that by the clear weight of evidence this defendant is insane under the rule of section 1120 of the Penal Law in which connection we express our strong disapproval of the prosecutor's inexcusable ridicule of the court-appointed psychiatrists; Judge FULD dissents in an opinion.

FROESSEL, J.

On July 4, 1960 the bodies of John Rescigno and Frederick Sess, aged 62 and about 77 respectively, were discovered in the "little house" they shared in Astoria, Queens County. In addition to other wounds, Sess had sustained multiple skull fractures. On Rescigno's body were about 16 wounds; his jugular vein had been severed. Defendant, Frederick Charles Wood, aged 50, was convicted of murder first...

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