PEOPLE v. MILLER


159 A.D.2d 1002 (1990)

The People of the State of New York, Respondent, v. Beverly Ann Miller, Appellant

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

March 16, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15 [1]), as a lesser included offense of murder in the second degree, for recklessly causing the death by asphyxiation of a one-year-old child for whom she was baby-sitting. On appeal, defendant contends that the proof was legally insufficient because the People failed to prove to a moral certainty that she acted in conscious disregard...

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