People v. Wang

OPINION OF THE COURT

Donald J. Mark, J.

The defendant was charged with the crime of manslaughter, first degree, in violation of Penal Law § 125.20 (2). She allegedly while under the influence of extreme emotional disturbance caused the death of her newborn male infant by asphyxiation by placing two wads of paper in his throat. During the trial of this action two issues surfaced which depended for their resolution upon People v Hayner (300 NY 171). The first was the application of the defendant for a trial order of dismissal, and the second was the instructions to the jury on the definition of…