People v. Simon

Order, Supreme Court, New York County (Carol Arber, J.), entered January 29, 1987, which, after a jury verdict finding defendant guilty of manslaughter in the second degree and criminally negligent homicide, dismissed the indictment pursuant to CPL 290.10 on the ground of legal insufficiency of the trial evidence, reversed, on the law, the verdict reinstated, and the matter remanded to the trial court for sentencing.

At the time of this incident, defendant was a licensed practical nurse, working at a psychiatric ward at Metropolitan Hospital. The victim, Mary O’Brien, was a psychiatric patient…