PEOPLE v. MACDOWELL


133 Misc.2d 944 (1986)

The People of the State of New York, Plaintiff, v. Charlotte MacDowell, Defendant.

Supreme Court, Criminal Term, Chemung County.

November 14, 1986


Attorney(s) appearing for the Case

Joseph J. Balok, Jr., Public Defender, for defendant. James T. Hayden, District Attorney (Weeden A. Wetmore of counsel), for plaintiff.


D. BRUCE CREW, III, J.

Following a jury trial defendant was convicted of murder in the second degree. She now moves to set the verdict aside on the grounds that it is against the weight of the evidence and that the court erred in failing to charge the jury with respect to the affirmative defense of mental disease or defect.

With regard to the first prong of defendant's motion, a trial court is empowered...

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