People v. Boulware

Appellate Division of the Supreme Court of New York

People v. Boulware

283 A.D. 731, 128 N.Y.S.2d 554, 1954 N.Y. App. Div. LEXIS 5094

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 8, 1954

StatusPublished

This text of 283 A.D. 731 (People v. Boulware) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boulware, 283 A.D. 731, 128 N.Y.S.2d 554, 1954 N.Y. App. Div. LEXIS 5094 (N.Y. Ct. App. 1954).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, convicting him of violating section 1053-a of the Penal Law (criminal negligence in the operation of a vehicle resulting in death), and sentencing him to two and one half to five years in prison, plus a fine of $1,000, and from orders denying his motions to set aside the verdict and in arrest of judgment. Judgment affirmed. No opinion. No separate appeal lies from the sentence or from the orders denying motions to set aside the verdict and in arrest of judgment, which have been reviewed on the appeal from the judgment of conviction. Schmidt, Beldock and Murphy, JJ., concur; Adel, Acting P. J., and Wenzel, J., dissent and vote to reverse the judgment of conviction and to dismiss the indictment on the ground that the proof fails to establish, by evidence beyond a reasonable doubt, that the defendant operated his automobile in a reckless and culpably negligent manner thereby causing the collision.

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Appeal by defendant from a judgment of the County Court, Westchester County, convicting him of violating section 1053-a of the Penal Law (criminal negligence in the operation of a vehicle resulting in death), and sentencing him to two and one half to five years in prison, plus a fine of $1,000, and from orders denying his motions to set aside the verdict and in arrest of judgment. Judgment affirmed. No opinion. No separate appeal lies from the sentence or from the orders denying motions to set aside the verdict and in arrest of judgment, which have been reviewed on the appeal from the judgment of conviction. Schmidt, Beldock and Murphy, JJ., concur; Adel, Acting P. J., and Wenzel, J., dissent and vote to reverse the judgment of conviction and to dismiss the indictment on the ground that the proof fails to establish, by evidence beyond a reasonable doubt, that the defendant operated his automobile in a reckless and culpably negligent manner thereby causing the collision.

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Bluebook (online)

283 A.D. 731, 128 N.Y.S.2d 554, 1954 N.Y. App. Div. LEXIS 5094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boulware-nyappdiv-1954.