Majority
p. 638The People of the State of New York, Respondent, v. Mary Munoz, Appellant. Argued November 16, 1960; decided January 12, 1961.
p. 639
Arnold E. Wattach and Max Fruchtman for appellant.
Isidore Dollinger, District Attorney (Irving Anolih of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Fuld dissent and vote to reverse and to order a new trial upon the ground that the case did not justify the submission to the jury of the charge of manslaughter, second degree, for the reasons given by the dissenting Justices of the Appellate Division.