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  5. 38 N.Y.2d 407 (1975)
 

PEOPLE v. CRIMMINS

38 N.Y.2d 407 (1975)

The People of the State of New York, Respondent, v. Alice Crimmins, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Herbert A. Lyon, William M. Erlbaum and Charles Wender for appellant.

Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr., and Barry Alan Schwartz of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Chief Judge BREITEL; Judge COOKE concurs in a separate opinion; Judge FUCHSBERG dissents and votes to modify in another separate opinion.

Chief Judge BREITEL

Defendant has twice been convicted, after jury trials, of manslaughter in the first degree for killing her daughter. She was sentenced from 5 to 20 years' imprisonment.

On this appeal, defendant contends that she was wrongfully denied a hearing by the Supreme Court on her motion to vacate judgment. The Appellate Division affirmed.

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