People v. Pinckney

Shapiro, J. (concurring).

The case relied on most heavily by the People in their brief on this appeal is People v. Lieberman (3 N Y 2d 649, revg. 3 A D 2d 915), in which the Court of Appeals reinstated an indictment charging the defendant Lieberman and another with manslaughter in the second degree in that they, “ acting in concert and each aiding and abetting the other, * * * without a design to effect the death, in the heat of passion, struck and beat Bheinhold Peter Ulrickson with their fists causing him to sustain injuries as a result of which the said Bheinhold Peter Ulrickson died ”, The…