People v. Maher

*980OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating defendant’s conviction for criminally negligent homicide and ordering a new trial as to those counts, and otherwise affirmed.

At 4:20 on a Saturday morning, after consuming alcohol, defendant was involved in a minor traffic accident on a New York City street. According to defendant, the driver of the second vehicle became belligerent when defendant attempted to exchange license and insurance information with him and the driver reached into the back seat of his car. Believing that the driver was…