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Judgment of the County Court, Westchester County, dated November 13, 1970, affirmed. No opinion. Martuscello, Latham, G-ulotta and Christ, JJ., concur; Munder, Acting P. J. I agree that the judgment convicting defendant of manslaughter, first degree, and unlawful possession of a weapon, should be affirmed. I should like to note, however, that the conduct underlying the conviction appears to have been that of a distraught woman who acted on impulse rather than by design. This, it seems to me, suggests that defendant might be a suitable candidate for early release, a course open to the Parole Board in view of the fact that the court imposed maximum (concurrent) terms, but set no minimum periods (see, Penal Law, § 70.00; Correction Law, § 212).
Document Info
Citation Numbers: 39 A.D.2d 592, 332 N.Y.S.2d 389, 1972 N.Y. App. Div. LEXIS 4924
Filed Date: 4/17/1972
Precedential Status: Precedential
Modified Date: 11/1/2024