PEOPLE v. JOHNSTONE


145 A.D.2d 902 (1988)

The People of the State of New York, Respondent, v. Benjamin Johnstone, Appellant

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

December 23, 1988


Judgment unanimously affirmed.

Memorandum:

The evidence was sufficient to permit the jury to infer beyond a reasonable doubt that defendant recklessly caused the death of his two-month-old child. From the physical evidence, together with the statement of defendant and the testimony of the Medical Examiner and of the treating physician, the jury could have found that defendant violently shook the child, causing its head to strike the hard surface of the child...

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