People v. Lipsky

OPINION OF THE COURT

Hancock, Jr., J.

Based on his confession to the crime, the defendant was convicted of murder in the second degree for the death of Mary Robinson. Although there was unrefuted proof of her disappearance, there was no direct proof of her death. A body identified as that of Mary Robinson was never found. After defendant’s postverdict motion pursuant to CPL 330.30 (subd 1), the trial court set aside the verdict and dismissed the indictment holding that there was insufficient proof outside the confession that the offense charged had been committed as required by CPL 60.50. The…