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  5. 118 A.D.2d 225 (1986)
 

PEOPLE v. MAN LEE LO

118 A.D.2d 225 (1986)

The People of the State of New York, Respondent, v. Man Lee Lo, Appellant

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

July 11, 1986

Attorney(s) appearing for the Case

Edward J. Nowak (Janet Somes of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Lehmann of counsel), for respondent.

DILLON, P. J., and LAWTON, J., concur with BOOMER, J.; CALLAHAN and BALIO, JJ., dissent and vote to reverse the conviction and grant a new trial in an opinion by CALLAHAN, J.

BOOMER, J.

Defendant, Man Lee Lo, appeals from a judgment convicting him of the murder of his wife, Ching Ling, in Rochester, New York, on October 9, 1982. Although mostly circumstantial, the evidence of guilt was overwhelming.

Defendant owned and operated a Chinese restaurant in Rochester and his wife continued to live with her parents in New York City, where she was attending college. The wife left...

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