January 17, 1985 Appeal from the Saratoga County Court, G. Thomas Moynihan, Jr., J. McMahon McMahon ( John L. McMahon of counsel), for appellant. David A. Wait, District Attorney, for respondent. MAHONEY, P.J. This case involves the fatal shooting of G. Alan Cruickshank by his teen-age daughter during the early evening hours of November 15, 1982 in the garage of the Cruickshank residence located in the Town of Clifton Park, Saratoga County. At the time of the shooting, Mr. Cruickshank had been separated