PEOPLE v. EDNEY


39 N.Y.2d 620 (1976)

The People of the State of New York, Respondent, v. Herbert D. Edney, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1976.


Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (Robert N. Zausmer and William C. Donnino of counsel), for respondent.

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


GABRIELLI, J.

Defendant was charged with kidnapping and the brutal killing of the eight-year-old daughter of his former girlfriend. He interposed the defense of insanity.

The jury found defendant guilty, as charged, of manslaughter, first degree and kidnapping in the first and second degrees. He was sentenced to a term of 25 years to life on the first degree kidnapping charge and to concurrent terms of...

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