PEOPLE v. BENZINGER


36 N.Y.2d 29 (1974)

The People of the State of New York, Respondent, v. Patricia J. Benzinger and Carl A. Miller, Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Vincent E. Doyle, Jr. for Patricia J. Benzinger, appellant.

Charles J. Scibetta and Herbert Siegel for Carl A. Miller, appellant.

Edward C. Cosgrove, District Attorney (William E. Balthasar of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur.


RABIN, J.

The principal issue on this appeal is whether the evidence offered at trial, circumstantial in nature, was sufficient to establish the defendants' guilt of manslaughter in the first degree beyond a reasonable doubt.

John Benzinger, defendant Patricia Benzinger's husband, was found dead in his home by the police at approximately 12:30 A.M. on August 14, 1970. The deceased had been seen alive at...

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