People v. D'Amico

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered July 16,1986, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.

504

138 APPELLATE DIVISION REPORTS, 2d SERIES

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Shortly after 4:30 a.m. on October 20, 1984, Terrence McLean was driving out of a parking space on Gerritsen Avenue, Brooklyn, at what eyewitnesses characterized as a normal rate of speed, when…