PEOPLE v. SIMON


157 A.D.2d 508 (1990)

The People of the State of New York, Appellant, v. Junior Simon, Respondent

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

January 16, 1990


At the time of this incident, defendant was a licensed practical nurse, working at a psychiatric ward at Metropolitan Hospital. The victim, Mary O'Brien, was a psychiatric patient in that ward. Ms. O'Brien had a history of mental instability and drug abuse. She was also suffering from chronic respiratory difficulty, having undergone a tracheotomy, the wound from which had not completely healed.

The trial testimony of two of the other patients and of

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