People v. Whitney

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: There is insufficient evidence to sustain the charges of which defendant was convicted. The record reveals that defendant placed two tablets of Empirin No. 3 (5 grains aspirin, 30 milligrams codeine) in a bottle of baby formula, a portion of which she subsequently gave to her six-month-old son. There is varying evidence as to the amount which she gave him. She testified that she fed him 2 to 4 ounces and poured the rest down the drain; a deputy sheriff testified that defendant told him that she had…