People v. Mleczko
New York Court of Appeals
I. The preliminary proof was clearly insufficient to warrant the admission of the dying declaration in evidence. (People v. Mikulec, 207 App. Div. 505, 240 N. Y. 573; People v. Sarzano, 212 N. Y. 231; People v. Falletto, 202 N. Y. 494; People v. Bichen, 242 App. Div. 106.) II. The trial court erroneously submitted the question of the “ statement’s ” admissibility to the jury as a question of fact.
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I. The preliminary proof was clearly insufficient to warrant the admission of the dying declaration in evidence. (People v. Mikulec, 207 App. Div. 505, 240 N. Y. 573; People v. Sarzano, 212 N. Y. 231; People v. Falletto, 202 N. Y. 494; People v. Bichen, 242 App. Div. 106.) II. The trial court erroneously submitted the question of the “ statement’s ” admissibility to the jury as a question of fact. (People v. Ludkowitz, 266 N. Y. 233; People v. Bartelini, 285 N. Y. 433; People v. Falletto, 202 N. Y. 494; People v. Smith, 104 N. Y. 491; People v. Kraft, 148 N. Y. 631; People Y. Infantino, 224…
1Opinion of the CourtFuld, J.
An atrocious crime committed upon Lydia C. Warner, a married woman in her forties, resulted in her death. Her condition following the attack upon her was so desperate that her treatment consisted solely of emergency measures to prolong her life. She remained alive for four days, in a condition of shock, and died on March 14, 1946. Charged with killing her, defendant was convicted of felony murder in the first degree and sentenced — upon the jury’s recommendation — to life imprisonment, and no one may deny that the record contains evidence sufficiently convincing to warrant a verdict of guilt.…
2Cases cited14 opinions
- People v. ZackowitzNew York Court of Appeals · 1930
- People v. . MarendiNew York Court of Appeals · 1915
- People v. RutiglianoNew York Court of Appeals · 1933
- People v. . BeckerNew York Court of Appeals · 1915
- People v. DoranNew York Court of Appeals · 1927
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3Cited by108 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. MateoNew York Court of Appeals · 2004
- People v. RosarioNew York Court of Appeals · 1961
- People v. DawsonNew York Court of Appeals · 1980
- Love v. StateAlaska Supreme Court · 1969
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