PEOPLE v. CRUICKSHANK


105 A.D.2d 325 (1985)

The People of the State of New York, Respondent, v. Dawn Maria Cruickshank, Appellant

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

January 17, 1985


Attorney(s) appearing for the Case

McMahon & McMahon (John L. McMahon of counsel), for appellant.

David A. Wait, District Attorney, for respondent.

CASEY, LEVINE and HARVEY, JJ., concur with MAHONEY, P. J.; KANE, J., dissents and votes to affirm in an opinion.


MAHONEY, P. J.

This case involves the fatal shooting of G. Alan Cruickshank by his teen-age daughter during the early evening hours of November 15, 1982 in the garage of the Cruickshank residence located in the Town of Clifton Park, Saratoga County. At the time of the shooting, Mr. Cruickshank had been separated from his wife for about two years. Mrs. Cruickshank was living at the

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