PEOPLE v. ARCA


72 A.D.2d 205 (1980)

The People of the State of New York, Respondent, v. Janet Arca, Appellant

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

January 24, 1980


Attorney(s) appearing for the Case

William J. McClusky for appellant.

Lee Clary, District Attorney, for respondent.

HANCOCK, JR., J. P., SCHNEPP and CALLAHAN, JJ., concur with MOULE, J.; DOERR, J., dissents and votes to reverse and grant a new trial in an opinion.


MOULE, J.

Defendant was convicted of murder in the second degree following the child abuse death of her three-month-old infant. Defendant contends that the evidence was insufficient to support the conviction and that the admission of certain photographic evidence constituted reversible error.

The evidence at trial was sufficient to support the jury's verdict. The prosecution had the burden of proving...

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