People v. Beckles

OPINION OF THE COURT

Harold J. Rothwax, J.

The question presented is to what extent must the ultimate cause of death be foreseeable before a person may be charged with criminally negligent homicide (Penal Law, § 125.10), and what quality of evidence of foreseeability is legally sufficient to sustain a charge of criminal negligence. (CPL 210.20, subd 1, par [b]; 70.10, subd 1.) The facts presented before the Grand Jury are that the defendant (approximately 30 years of age, 5 feet, 10 inches tall and heavyset) struck the deceased (54 years old, 5 feet, 6 inches tall and weighing a slight 80…