A baby born by Caesarean section 23 weeks after its mother became pregnant was a “person” within the meaning of the second-degree manslaughter charge brought against a man accused of causing the auto accident which led to the baby’s death, an appeals court ruled.
The Appellate Division, Fourth Department, rejected David Hardy’s arguments that the charge could not stand because Penal Law §125 says an unborn child must be carried by its mother for at least 24 weeks to be a human being and because the child was not born breathing on its own.
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