People v. Beard

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered May 8, 1979, convicting him of criminally negligent homicide, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. Defendant’s guilt was not established beyond a reasonable doubt. Defendant was driving his car with three passengers in it at approximately 35 miles per hour. The passengers had all smoked some marihuana. Suddenly, one…