PEOPLE v. FEDIUK


66 N.Y.2d 881 (1985)

The People of the State of New York, Appellant-Respondent, v. Andre Fediuk, True Name Andry Fediuk, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1985.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Ray F. Cerreta of counsel), for appellant-respondent.

Judith Preble and William E. Hellerstein for respondent-appellant.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and TITONE concur in memorandum; Judge ALEXANDER dissents in part and votes to reverse on the People's appeal in an opinion in which Judge MEYER concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Five months after separating from his wife and their two children, during which time she lived in a battered women's shelter and told defendant that she no longer loved him, defendant learned that his wife had been seeing another man, Walter Cassella, and had taken a trip with Cassella and the children. Having read in his wife's diary that Cassella...

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