PEOPLE v. TOMAINO


248 A.D.2d 944 (1998)

670 N.Y.S.2d 950

The People of the State of New York, Respondent, v. John M. Tomaino, Appellant

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

March 13, 1998


Judgment reversed on the law and indictment dismissed with leave to the People to apply to Supreme Court for an order permitting resubmission of the charge to another Grand Jury.

Memorandum:

Defendant was convicted after a jury trial of murder in the second degree (Penal Law § 125.25 [1]) in connection with the death of his wife (decedent) on November 18, 1990. The death was initially thought to be a suicide and, after an exhaustive investigation, the...

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