PEOPLE v. WINCH


48 A.D.2d 714 (1975)

The People of the State of New York, Respondent, v. Francis V. Winch, Appellant

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

May 1, 1975


The defendant was indicted for murder in violation of section 125.25 of the Penal Law. It was alleged that he killed his former wife on January 29, 1970 by shooting her with a rifle which he had purchased earlier that day. The defendant interposed the defense of "mental disease or defect" pursuant to section 30.05 of the Penal Law. The jury convicted the defendant of manslaughter in the first degree, which the trial court charged as a lesser included offense, and he was sentenced...

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