Opinion
April 5, 1971
Appeal by defendant from a judgment of the County Court, Westchester County, rendered September 30, 1970, convicting her of manslaughter in the second degree, upon a jury verdict, and imposing sentence. Upon this appeal this court has reviewed an order of the same court, dated June 26, 1970, which denied defendant's motion to suppress a confession or admission. Judgment reversed, on the law and the facts, and indictment dismissed. In our opinion, the People failed to prove beyond a reasonable doubt that defendant "recklessly" caused "the death of another person" (Penal Law, § 125.15, subd. 1). Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.