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PEOPLE v. WONG

81 N.Y.2d 600 (1993)

619 N.E.2d 377

601 N.Y.S.2d 440

The People of the State of New York, Respondent, v. Eugene Wong, Appellant. The People of the State of New York, Respondent, v. Mary Wong, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Lemole, McCarthy, Murphy & Associates, Staten Island (Paul A. Lemole of counsel), for appellants.

Robert M. Morgenthau, District Attorney of New York County, New York City (Mary C. Farrington and James M. McGuire of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., and SMITH concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in another opinion.

TITONE, J.

Defendants Eugene Wong and Mary Wong were charged with homicide and endangering the welfare of a child as a result of the death of a three-month-old infant who had been entrusted to their care. There was evidence at trial that both defendants were continuously present in the couple's apartment and that one of them had shaken the infant violently enough to...

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