Legal Opinion
Gioia v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 1962No. Claim No. 36174PublishedCited by 4 opinions
1Opinion of the CourtHalpern, J.
The claimant’s intestate was arrested on October 17.1958, on a charge of having murdered his wife. While under questioning at the State troopers’ barracks in the City of Batavia, he jumped out of a second floor window. As a result, he suffered a fracture of one of the bones of his ankle. It is an open question whether the decedent’s purpose was to escape or whether it was to commit suicide. The trial court declined to find either way on this question. In any event, the Sheriff and the District Attorney interpreted the decedent’s conduct as an attempt to commit suicide and, accordingly, they…
2Cases cited9 opinions
- Williams v. State of New YorkNew York Court of Appeals · 1955
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- Kendrick v. AdamsonCourt of Appeals of Georgia · 1935
- Claim of Aponte v. Santiago & GarciaAppellate Division of the Supreme Court of the State of New York · 1952
- Claim of Maricle v. GlazierAppellate Division of the Supreme Court of the State of New York · 1954
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3Cited by4 opinions
- Lucas v. City of Long BeachCalifornia Court of Appeal · 1976
- Von Holden v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1982
- Sullivan v. WelshAppellate Division of the Supreme Court of the State of New York · 1987
- Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981