Rossi v. County Court of Schoharie

31 A.D.2d 715, 295 N.Y.S.2d 800, 1968 N.Y. App. Div. LEXIS 2563

Opinion

Per Curiam.

Proceeding under CPLR article 78 for an order prohibiting the respondents from proceeding against petitioner under an indictment charging him with criminally negligent homicide (Penal Law, § 125.10). Petitioner asserts that the statute, amp'ified by the statutory definition of “ Criminal negligence ” (Penal Law, § 15.05, subd. 4), is unconstitutional for vagueness. Other remedies are available to petitioner and since, in our view, the statute is not on its face unconstitutional, petitioner has failed to show a clear legal right to the relief requested. (Matter of Fenster v. Criminal Ct. of City of N. Y., 46 Misc 2d 179, affd. 24 A D 2d 840, affd. 17 N Y 2d 641.) Application denied and cross motion by respondents to dismiss petition granted, .without costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum Per Curiam.