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PEOPLE v. WERNICK

215 A.D.2d 50 (1995)

632 N.Y.S.2d 839

The People of the State of New York, Respondent, v. Stephanie Wernick, Appellant

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

October 23, 1995

Attorney(s) appearing for the Case

Stephen P. Scaring, Garden City (Laurie S. Hershey of counsel), for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Bruce E. Whitney and Margaret E. Mainusch of counsel), for respondent.

HART and FLORIO, JJ., concur with PIZZUTO, J. P.; FRIEDMANN, J., dissents in a separate opinion.

PIZZUTO, J. P.

After giving birth to a baby boy in the bathroom of her college dormitory, the defendant asphyxiated the infant by stuffing toilet paper down his throat. She then placed him in a garbage bag and had an unwitting friend dispose of the bag. At trial, the defendant raised an insanity defense, claiming that she lacked the substantial capacity to know and...

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