People v. Maher

—Judgment of the Supreme Court, *384New York County (Franklin Weissberg, J.), rendered January 9, 1990, after trial by jury, convicting defendant of two counts of criminally negligent homicide and driving while impaired, and sentencing him to six months incarceration, five years probation, and five hundred hours of community service, and imposing a $250 fine, is affirmed.

Defendant’s guilt of criminally negligent homicide was proven beyond a reasonable doubt by overwhelming evidence. Defendant created a "substantial and unjustifiable” (Penal Law § 15.05 [4]) risk of death by racing down West…