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PEOPLE v. MUNCK

103128.

92 A.D.3d 63 (2011)

937 N.Y.S.2d 334

2011 NY Slip Op 9545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN J. MUNCK, Appellant.

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

Decided December 29, 2011.

Attorney(s) appearing for the Case

Teresa C. Mulliken , Harpersfield, for appellant.

Gerald F. Mollen , District Attorney, Binghamton ( Rita M. Basile of counsel), for respondent.

MALONE JR. and KAVANAGH, JJ., concur with SPAIN, J.; MERCURE, A.P.J., and McCARTHY, J., dissent in a separate opinion by MERCURE, A.P.J.

OPINION OF THE COURT

SPAIN, J.

In February 2008, defendant, age 22, lived with his brother, Peter Munck, age 12, in the Broome County home of their grandmother, who had custody of them and their sister all of their lives. On February 5, 2008, the grandmother entered the hospital for emergency surgery, leaving defendant to care for Peter during her anticipated five-day hospital stay which, due to serious medical...

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