PEOPLE v. WERNICK


89 N.Y.2d 111 (1996)

674 N.E.2d 322

651 N.Y.S.2d 392

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

Court of Appeals of the State of New York.

Decided November 21, 1996.


Attorney(s) appearing for the Case

Stephen P. Scaring, P. C., Garden City (Stephen P. Scaring and Susan C. Carman of counsel), for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Margaret E. Mainusch and Peter A. Weinstein of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge BELLACOSA; Judge SIMONS dissents and votes to reverse in a separate opinion.


BELLACOSA, J.

Defendant appeals from an order of the Appellate Division, which affirmed a judgment of County Court, Nassau County, convicting her, after a jury trial, of criminally negligent homicide of her newborn infant. The dissenting Justice at the Appellate Division granted permission to appeal, and we now affirm.

The primary issue, as it has evolved, is whether CPL 60.55 (1) automatically obviates...

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