PEOPLE v. TARSIA


67 A.D.2d 210 (1979)

The People of the State of New York, Respondent, v. Joseph Tarsia, Appellant

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

April 5, 1979


Attorney(s) appearing for the Case

Remo A. Allio for appellant.

Patrick D. Monserrate, District Attorney, for respondent.

MAIN, J., concurs with MAHONEY, P. J.; KANE, J., concurs in the result only; SWEENEY and MIKOLL, JJ., dissent and vote to reverse in an opinion.


MAHONEY, P. J.

Defendant's wife was injured when she was struck by a shotgun slug while she was standing in the doorway of her farmhouse. The police initially investigated the shooting as a hunting accident, but thereafter focused their attention on defendant who was hunting on the property behind the farmhouse and returned to the house after the shooting in possession of a gun incapable of firing the slug which struck his wife. Ten days after the incident...

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