Appeals Court hears arguments in murder case

Jeffrey DiPalma, first assistant county district attorney, and Andrew Brautigam of the Chautauqua County Public Defender's Office representing Ashley Bertino of Silver Creek, appeared before the appeals court Sept.

14. DiPalma argued that Foley erred in dismissing the charge.

DiPalma argued Foley erred in dismissing the second-degree murder charge because, the county believes, the case built by investigators shows Bertino didn't do enough in the week before Mya Smith died to help treat her condition.

He said precedent in such cases is to view the evidence in the light most favorable to the prosecution, with questions over evidence then argued in court.