People v. Maloof

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: On appeal from a judgment convicting her of criminally negligent homicide (see, Penal Law § 125.10) and assault in the third degree (see, Penal Law § 120.00 [3]), defendant contends that the evidence is insufficient to support the conviction. We agree. The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), fails to establish that defendant acted with criminal negligence (see, Penal Law § 15.05 [4]) when her automobile struck two pedestrians, killing one and…