PEOPLE v. POPE


241 A.D.2d 756 (1997)

660 N.Y.S.2d 466

The People of the State of New York, Respondent, v. David Pope, Appellant

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

July 24, 1997


Mercure, J.

A November 1994 indictment charged defendant with murder in the second degree based upon allegations that more than 22 years earlier (on Sept. 11, 1972) he had caused the death of his girlfriend's two-year-old son (hereinafter the child) by abusing and battering him. The record reveals that on the date of the child's death his mother summoned an ambulance to her residence and when the ambulance arrived...

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