PEOPLE v. DENIS


276 A.D.2d 237 (2000)

716 N.Y.S.2d 718

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN L. DENIS, Appellant.

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

November 22, 2000.


Attorney(s) appearing for the Case

Dershowitz, Eiger & Adelson, New York City (Nathan Z. Dershowitz of counsel), for appellant.

Richard D. Northrup, Jr., District Attorney of Delaware County, Delhi, for respondent.

CARDONA, P.J., MERCURE, CARPINELLO and GRAFFEO, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

On May 3, 1992 Rosemary Denis died after a fall off a cliff ledge at the top of Russell Brooks Falls in the Town of Colchester, Delaware County. A pool of water is located at the base of the falls. The victim and defendant, her husband, were there on an outing at the time. A subsequent autopsy revealed that the cause of the victim's death was drowning and not the injuries she sustained as a result of the fall. More than six...

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