MATTER OF OWEN v. Stroebel

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, and the petition dismissed.

Petitioner was brought to trial on homicide and assault charges stemming from an automobile accident in which a passenger in the car was killed. The essential question at trial was whether petitioner or the third occupant of the car, Michael Dougherty, was the driver. Testifying for the prosecution, Dougherty claimed that petitioner was driving; testifying for the defense, petitioner’s sister claimed that she saw petitioner in the passenger seat when the car left home. Each…