• New York State, Court of Appeals
  • No. 33
  • Chief Judge DiFiore and Judges Fahey and Garcia concur. 
Judge Stein dissents and votes to affirm in an opinion in which Judges Rivera and Wilson concur.
  • For Plaintiff: Virginia A. Marciano, for appellant.
  • For Defendant: Robert S. Dean, for respondent.
Split Panel Finds Judge Properly Charged Jury

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