PEOPLE v. EBERLE


265 A.D.2d 881 (1999)

697 N.Y.S.2d 218

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS EBERLE, Appellant.

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

Decided October 1, 1999.


Judgment unanimously reversed on the law, motion to suppress granted in part and indictment dismissed without prejudice to the People to re-present any appropriate charges under count two of the indictment to another Grand Jury in accordance with the following Memorandum: Defendant contends that County Court erred in permitting the People's medical expert to render an opinion that the cause of death of the infant victim was "homicidal suffocation" and thus that reversal is...

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