People v. Lasch

Appellate Division of the Supreme Court of New York

People v. Lasch

152 A.D.2d 983, 543 N.Y.S.2d 795, 1989 N.Y. App. Div. LEXIS 9898

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

DecidedJuly 12, 1989

StatusPublished

Cited by2 cases

This text of 152 A.D.2d 983 (People v. Lasch) 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. Lasch, 152 A.D.2d 983, 543 N.Y.S.2d 795, 1989 N.Y. App. Div. LEXIS 9898 (N.Y. Ct. App. 1989).

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Opinion

Adjudication unanimously modified on the law, defendant’s conviction for criminally negligent homicide vacated, and that count of the indictment dismissed, and as modified affirmed, in accordance with the following memorandum: The evidence at trial was legally insufficient to sustain the trial court’s finding that defendant was guilty of criminally negligent homicide (Penal Law § 125.10). The only proof of negligence in this case is that defendant was driving on the wrong side of the road. Such proof was legally and factually insufficient to establish beyond a reasonable doubt that defendant consciously engaged in conduct which resulted in the creation of an unjustifiable risk of death (see, Penal Law § 15.05 [4]; § 125.10; People v Paris, 138 AD2d 534; People v Perry, 123 AD2d 492, affd 70 NY2d 626; People v Beiter, 77 AD2d 214; People v Blair, 33 AD2d 1100; cf, People v Rooney, 57 NY2d 822; People v Buffington, 35 AD2d 1063). (Appeal from adjudication of Orleans County Court, Miles, J. — youthful offender.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.

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Adjudication unanimously modified on the law, defendant’s conviction for criminally negligent homicide vacated, and that count of the indictment dismissed, and as modified affirmed, in accordance with the following memorandum: The evidence at trial was legally insufficient to sustain the trial court’s finding that defendant was guilty of criminally negligent homicide (Penal Law § 125.10). The only proof of negligence in this case is that defendant was driving on the wrong side of the road. Such proof was legally and factually insufficient to establish beyond a reasonable doubt that defendant consciously engaged in conduct which resulted in the creation of an unjustifiable risk of death (see, Penal Law § 15.05 [4]; § 125.10; People v Paris, 138 AD2d 534; People v Perry, 123 AD2d 492, affd 70 NY2d 626; People v Beiter, 77 AD2d 214; People v Blair, 33 AD2d 1100; cf, People v Rooney, 57 NY2d 822; People v Buffington, 35 AD2d 1063). (Appeal from adjudication of Orleans County Court, Miles, J. — youthful offender.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.

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Bluebook (online)

152 A.D.2d 983, 543 N.Y.S.2d 795, 1989 N.Y. App. Div. LEXIS 9898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lasch-nyappdiv-1989.

Opinion

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