PEOPLE v. LICITRA


47 N.Y.2d 554 (1979)

The People of the State of New York, Appellant, v. Victor Licitra, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1979.


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Anthony Joseph Servino of counsel), for appellant.

George J. Bellantoni for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.


Chief Judge COOKE.

Defendant, Victor Licitra, was convicted of manslaughter in the second degree for recklessly causing the death of his wife (Penal Law, § 125.15, subd 1). The Appellate Division reversed the conviction and dismissed the indictment, reasoning that the prosecution failed to establish a sufficient case for submission to the jury. The People now appeal from that determination.

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