People v. Graham

— Levine, J.

Appeal from a *346judgment of the County Court of Tompkins County (Friedlander, J.), rendered November 2, 1984, convicting defendant following a nonjury trial of the crime of criminally negligent homicide.

Undisputed testimony adduced at defendant’s nonjury trial established that defendant forcibly propelled an intoxicated patron out the front door of a bar and that the patron’s first contact with the ground occurred when he hit his shoulders and head on the concrete pavement at the foot of the steps located in front of the door. The victim was taken unconscious to the hospital. His…