PEOPLE v. HOLLIDAY


38 N.Y.2d 763 (1975)

The People of the State of New York, Respondent, v. James Holliday, Also Known as James Holeday, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1975.


Attorney(s) appearing for the Case

Carol Berkman and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Robert K. Hood and Peter L. Zimroth of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

On January 20, 1971, appellant stabbed Betty Williams through the heart and she died less than three months thereafter. Upon trial of the indictment charging murder and in submitting the question of appellant's sobriety at the time of the attack, the jurors were instructed, inter alia, that they could consider any evidence on the subject, that...

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