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PEOPLE v. RIVERA

59 A.D.2d 675 (1977)

The People of the State of New York, Respondent, v. Alberto Rivera, Appellant

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

October 13, 1977

Unanimously affirmed.

Silverman, J., concurring.

I agree that the defendant's conviction of murder in the second degree and manslaughter in the first degree should be affirmed. Defendant was charged with causing the death of a two-year-old child by beating the child with his belt buckle. The court submitted to the jury four charges: (a) Murder in the second degree pursuant to subdivision 2 of section 125.25 of the Penal Law — "Under circumstances...

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