PEOPLE v. LARABY


92 N.Y.2d 932 (1998)

703 N.E.2d 756

680 N.Y.S.2d 898

The People of the State of New York, Respondent, v. John E. Laraby, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1998.


Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender of Oneida County, Utica (Esther Cohen Lee of counsel), for appellant.

Michael A. Arcuri, District Attorney of Oneida County, Utica (Bernadette Turi Romano and William M. Weber of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

A jury convicted defendant of manslaughter in the first degree and criminal trespass in the second degree. Defendant moved to set aside the verdict on the manslaughter count, contending that a physician's removal and withholding of a breathing tube from the comatose assault victim, at her family's direction but without proven authorization from the...

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