PEOPLE v. LILLY


71 A.D.2d 393 (1979)

The People of the State of New York, Respondent, v. David Wayne Lilly, Appellant

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

December 14, 1979


Attorney(s) appearing for the Case

Stephen Gebo for appellant.

Lee Clary for respondent.

CARDAMONE, J. P., HANCOCK, JR., and MOULE, JJ., concur in Per Curiam opinion; SIMONS and CALLAHAN, JJ., dissent and vote to modify the judgment in opinion by SIMONS, J.


Per Curiam.

Defendant was convicted of murder in the second degree, resulting from the child abuse death of a three-month-old child. The prosecution proceeded upon two theories: (1) defendant's own conduct evincing a depraved indifference to human life, resulted in the child's death; and (2) defendant aided and abetted the child's mother to bring about the death of the child. The jury's verdict of guilty does not show...

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