Legal Opinion
People v. Gardner
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 1939PublishedCited by 33 opinions
1Opinion of the CourtLewis, J.
Upon our review of a judgment convicting the deiendant of criminal negligence under section 1053-a of the Penal Law, we meet first his challenge to the constitutionality of the statute upon the ground that the terms of its prohibition are too vague and indefinite for enforcement. The statute provides:
“ § 1053-a. Criminal negligence in operation of vehicle resulting in death. A person who operates or drives any vehicle of any kind in a reckless or culpably negligent manner, whereby a human being is killed, is guilty of criminal negligence in the operation of a vehicle resulting in death.”
It is…
2Cases cited8 opinions
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Cline v. Frink Dairy Co.Supreme Court of the United States · 1927
- People v. GroganNew York Court of Appeals · 1932
- People v. . RosenheimerNew York Court of Appeals · 1913
- People v. AngeloNew York Court of Appeals · 1927
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- People v. BeardenNew York Court of Appeals · 1943
- State v. BolsingerSupreme Court of Minnesota · 1946
- People v. EckertNew York Court of Appeals · 1956
- Preston v. StateSupreme Court of Florida · 1952
- People v. PotterIllinois Supreme Court · 1955
28 more not listed; retrieve them via the Exa API.