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People v. Weinreich3/25/2004
e prosecutor argued defendant had acted recklessly by failing to properly restrain his daughters, drove while intoxicated, and passed on the left. This argument, taken in context, is not a misstatement of the law.
Accordingly, the judgment of conviction of reckless child abuse resulting in death is reversed, and the case is remanded for a new trial on that charge. In all other respects the judgment is affirmed.
JUDGE KAPELKE and JUDGE CARPARELLI concur.
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