People v. Palumbo

The defendant, who was charged with manslaughter, 1 was convicted of criminally negligent homicide 2 as an included offense. We affirm.

The decedent walked across two lanes of vehicular traffic, hurrying to the median in order to avoid a car driven by the defendant. The defendant stopped his car, emerged, and approached the decedent. Some words were exchanged between the two. The defendant then struck the decedent in the head with his fist one or more times. The decedent fell, striking his head on the pavement. He was taken to a hospital in a semi-coma, and there died.

The defendant assigns six…