PEOPLE v. BARNETT


34 A.D.2d 650 (1970)

The People of the State of New York, Appellant, v. Harold Barnett, Respondent

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

April 6, 1970


Pursuant to leave granted in the order of this court dated October 27, 1969, respondent has renewed his motion to dismiss the appeal. Appeal dismissed.

Defendant was accused of manslaughter in the first degree in that he struck and killed his 13-month-old son, in the presence of his wife and 2½-year-old daughter. The trial court dismissed the indictment on the ground that the wife had been compelled to disclose a confidential communication in violation of section...

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