People v. Fyfe

In this prosecution under section 1053-a of the Penal Law (criminally negligent operation of a motor vehicle resulting in death) there is now before the court a motion to dismiss made by the defendant at the dose of the People’s case.

Shorn of all extraneous matter, the issue of law confronting us, as part of the question of failure to establish a prima facie case, is simply: Is intoxication, coupled with an accident occurring on the wrong side of a highway, in and of itself culpable negligence ” within the meaning of the statute?

The statute reads: “A person who operates or drives any vehicle…