An appeals court has affirmed the dismissal of a second-degree manslaughter charge filed against a nurse who allegedly dropped an elderly woman while transferring her from her wheelchair to her bed, though a charge of criminally negligent homicide is pending.

The decision by a panel of the Appellate Division, Second Department, affirms Westchester County Court Judge Barbara Gunther Zambelli‘s 2013 decision to grant portions of Maureen Flowers’ motion to dismiss the indictment against her.

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