People v. Dacosta

Appellate Division of the Supreme Court of New York

People v. Dacosta

13 A.D.3d 1141, 786 N.Y.S.2d 754, 2004 N.Y. App. Div. LEXIS 16380

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

DecidedDecember 30, 2004

StatusPublished

This text of 13 A.D.3d 1141 (People v. Dacosta) 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. Dacosta, 13 A.D.3d 1141, 786 N.Y.S.2d 754, 2004 N.Y. App. Div. LEXIS 16380 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered December 9, 1998. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15 [1]) for causing the death of a City of Buffalo police officer. The officer was pursuing defendant based upon information that a warrant had been issued for defendant’s arrest in Maryland. An automobile struck and killed the officer as he pursued defendant across the six-lane Kensington Expressway. The evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legally sufficient to establish that “defendant’s conduct set in motion and legally caused the death of’ the officer (People v Matos, 83 NY2d 509, 511 [1994]) and that defendant’s conduct was reckless (see Penal Law § 15.05 [3]; People v Kern, 75 NY2d 638, 658 [1990], cert denied 498 US 824 [1990]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Martoche and Hayes, JJ.

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Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered December 9, 1998. The judgment convicted defendant, upon a jury verdict, of manslaughter in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant was convicted of manslaughter in the second degree (Penal Law § 125.15 [1]) for causing the death of a City of Buffalo police officer. The officer was pursuing defendant based upon information that a warrant had been issued for defendant’s arrest in Maryland. An automobile struck and killed the officer as he pursued defendant across the six-lane Kensington Expressway. The evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legally sufficient to establish that “defendant’s conduct set in motion and legally caused the death of’ the officer (People v Matos, 83 NY2d 509, 511 [1994]) and that defendant’s conduct was reckless (see Penal Law § 15.05 [3]; People v Kern, 75 NY2d 638, 658 [1990], cert denied 498 US 824 [1990]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Martoche and Hayes, JJ.

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Bluebook (online)

13 A.D.3d 1141, 786 N.Y.S.2d 754, 2004 N.Y. App. Div. LEXIS 16380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dacosta-nyappdiv-2004.

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