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PEOPLE v. CAPRIO

47 A.D.2d 1 (1975)

The People of the State of New York, Respondent, v. Patrick Judson Caprio, Appellant

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

February 27, 1975.

Attorney(s) appearing for the Case

Louis J. Casella, Public Defender (John T. Hillis of counsel), for appellant.

Patrick D. Monserrate, District Attorney, for respondent.

HERLIHY, P. J., and SWEENEY, J., concur with LARKIN, J.; HERLIHY, P. J., also concurs in a separate opinion in which SWEENEY, KANE, MAIN and LARKIN, JJ., concur; KANE and MAIN, JJ., concur in part and dissent in part and vote in all respects to affirm the judgment of conviction.

LARKIN, J.

This is an appeal from a judgment of the County Court of Broome County, rendered October 10, 1973, upon a verdict convicting the defendant of the crime of murder in violation of section 125.25 of the Penal Law.

On December 28, 1972, Christopher Caprio, age 16 months, died of cardiorespiratory arrest, two hours after brain surgery. The father Patrick and the mother Marilyn were indicted for murder...

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