People v. Rennoldson

Appellate Division of the Supreme Court of New York

People v. Rennoldson

117 A.D.2d 994, 499 N.Y.S.2d 292, 1986 N.Y. App. Div. LEXIS 53236

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

DecidedFebruary 21, 1986

StatusPublished

Cited by4 cases

This text of 117 A.D.2d 994 (People v. Rennoldson) 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. Rennoldson, 117 A.D.2d 994, 499 N.Y.S.2d 292, 1986 N.Y. App. Div. LEXIS 53236 (N.Y. Ct. App. 1986).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant was properly convicted of vehicular manslaughter (Penal Law § 125.12) for causing the death of his passenger. Defendant’s act of driving while intoxicated was sufficient evidence of a "gross deviation” to support the jury’s determination that defendant had acted with criminal negligence (see, People v Holt, 109 AD2d 174, 176). Here, in contrast to the case of People v Holt (supra), there is evidence to support the inference that defendant’s intoxication caused the death of the victim. The physical facts show that defendant, while intoxicated, drove his automobile at a high rate of speed, causing it to enter a ditch on the wrong side of the road and to travel 374 feet in the ditch, strike a culvert, roll over and continue 87 feet beyond the culvert.

We reject defendant’s contention that the ampoules used in the breathalyzer test were too old to give an accurate result. By failing to raise the issue below, defendant has failed to preserve it for our review as a matter of law (see, People v Farrell, 58 NY2d 637, 639).

We have examined defendant’s other arguments on appeal and we find that none requires reversal. Finally, considering the circumstances of this case and defendant’s criminal record, we determine that the sentence imposed was not harsh and excessive. (Appeal from judgment of Ontario County Court, Reed, J.—vehicular manslaughter, and other offenses.) Present—Callahan, J. P., Doerr, Boomer, Green and Pine, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant was properly convicted of vehicular manslaughter (Penal Law § 125.12) for causing the death of his passenger. Defendant’s act of driving while intoxicated was sufficient evidence of a "gross deviation” to support the jury’s determination that defendant had acted with criminal negligence (see, People v Holt, 109 AD2d 174, 176). Here, in contrast to the case of People v Holt (supra), there is evidence to support the inference that defendant’s intoxication caused the death of the victim. The physical facts show that defendant, while intoxicated, drove his automobile at a high rate of speed, causing it to enter a ditch on the wrong side of the road and to travel 374 feet in the ditch, strike a culvert, roll over and continue 87 feet beyond the culvert.

We reject defendant’s contention that the ampoules used in the breathalyzer test were too old to give an accurate result. By failing to raise the issue below, defendant has failed to preserve it for our review as a matter of law (see, People v Farrell, 58 NY2d 637, 639).

We have examined defendant’s other arguments on appeal and we find that none requires reversal. Finally, considering the circumstances of this case and defendant’s criminal record, we determine that the sentence imposed was not harsh and excessive. (Appeal from judgment of Ontario County Court, Reed, J.—vehicular manslaughter, and other offenses.) Present—Callahan, J. P., Doerr, Boomer, Green and Pine, JJ.

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Bluebook (online)

117 A.D.2d 994, 499 N.Y.S.2d 292, 1986 N.Y. App. Div. LEXIS 53236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rennoldson-nyappdiv-1986.

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