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PEOPLE v. ROBBINS

83 A.D.2d 271 (1981)

The People of the State of New York, Appellant, v. Robert Robbins, Respondent The People of the State of New York, Appellant, v. Jerome Stephanski, Respondent

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

November 13, 1981

Attorney(s) appearing for the Case

Peter L. Broderick, District Attorney (Claude A. Joerg of counsel), for appellant.

R. Thomas Burgasser for Robert Robbins, respondent.

Richard H. Speranza, Public Defender (Leonard Tilney of counsel), for Jerome Stephanski, respondent.

CALLAHAN, DOERR and MOULE, JJ., concur; CARDAMONE, J. P., not participating.

DENMAN, J.

We must determine whether criminal liability may be imposed upon a spouse for his failure to summon medical aid for his wife who subsequently dies. Under the circumstances presented here, we hold that it may not.

Pamela Robbins, a young woman of fragile health, had suffered from epilepsy and diabetes for many years. She required Phenobarbital and Dilantin to control her epilepsy and two daily...

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