PEOPLE v. STRAWBRIDGE

101212

76 A.D.3d 115 (2010)

905 N.Y.S.2d 687

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELISSA STRAWBRIDGE, Appellant.

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

Decided July 22, 2010.


Attorney(s) appearing for the Case

Harrington & Mahoney, Buffalo ( Mark J. Mahoney of counsel), for appellant.

P. David Soares , District Attorney, Albany ( Christopher D. Horn of counsel), for respondent.

CARDONA, P.J., PETERS, McCARTHY and EGAN JR., JJ., concur.


OPINION OF THE COURT

SPAIN, J.

In 2000, defendant was convicted following a nonjury trial of depraved indifference murder under Penal Law § 125.25 (4) based upon evidence that, after giving birth unassisted at home in the Village of Altamont, Albany County in March 1997, she put her newborn baby in a plastic bag, which she later placed in a dumpster. On appeal, this Court affirmed the conviction concluding, among other things, that the evidence was...

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