People v. Johnstone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The evidence was sufficient to permit the jury to infer beyond a reasonable doubt that defendant recklessly caused the death of his two-month-old child. From the physical evidence, together with the statement of defendant and the testimony of the Medical Examiner and of the treating physician, the jury could have found that defendant violently shook the child, causing its head to strike the hard surface of the child’s dressing table three times with sufficient force to cause bruises on the back of the head and contusions in an about the brain,…
2Cited by1 opinion
- People v. MosherAppellate Division of the Supreme Court of the State of New York · 1995