People v. Gerald

The defendant moves under CPL 210.20 to dismiss this indictment which accuses her of manslaughter in the first degree in violation of section 125.20 of the Penal Law. The defendant contends that she has immunity from prosecution pursuant to CPL 190.40.

The facts of this case are not complex. On April 24, 1977, a knife was thrust several times into the body of one Charles Gerald, occasioning a sudden loss of his blood, resulting, in turn, in his untimely demise. On the same date, the defendant was arrested by the police for this homicide. The police had obtained her spontaneous confession and…