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PEOPLE v. RODRIGUEZ

2006-01386

69 A.D.3d 143 (2009)

887 N.Y.S.2d 196

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANA RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 13, 2009.

Attorney(s) appearing for the Case

Robert C. Mitchell, Riverhead (Robert B. Kenney of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Grazia DiVincenzo of counsel), for respondent.

MASTRO, J.P., BALKIN and AUSTIN, JJ., concur.

OPINION OF THE COURT

COVELLO, J.

The principal question presented for our review on this appeal is whether the jury, which convicted the defendant of manslaughter in the first degree under Penal Law § 125.20 (4) and criminally negligent homicide (see Penal Law § 125.10), rendered an inconsistent verdict. We answer that question in the affirmative.

The defendant allegedly caused the death of her baby soon after giving birth to him...

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