Appellate Division of the Supreme Court of the State of New York February 19, 1987 (State v. Reiss)

Harvey, J.

Appeal from a judgment of the Supreme Court in favor of defendant Andre Reiss, entered October 25, 1985 in Albany County, upon a decision of the court at Trial Term (Prior, Jr., J.), without a jury.

In April 1978, defendant Ellen Reiss was hospitalized as a result of being accidentally shot in the head.