People v. Esposito
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P. J.
Following a jury trial in October 1991, defendant was convicted of the crime of manslaughter in the second degree arising from the February 1, 1990 death of 13-month-old Nicholas Bodah (hereinafter Nicky) while in defendant’s care. Prior to trial, defendant had maintained that Nicky sustained his injuries in a fall from the living room couch after being placed there by defendant. At trial, defendant retracted that state*929ment and. claimed that as he was removing Nicky from the bathtub he accidentally dropped him, causing the child to strike his head on the edge of the tub.*
Subsequ…
2Cases cited25 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- People v. MedinaNew York Court of Appeals · 1981
- People v. HudyNew York Court of Appeals · 1988
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- People v. OwensNew York Court of Appeals · 1987
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3Cited by14 opinions
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- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MonroeAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ClevelandAppellate Division of the Supreme Court of the State of New York · 2001
- People v. GossAppellate Division of the Supreme Court of the State of New York · 1996
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