People v. Bast

Memorandum, The judgment of the Appellate Division should be modified by reversing the conviction of criminal negligence pursuant to section 1053-a of the Penal Law and dismissing that *815count of the indictment. Proof of intoxication alone is not enough to sustain a conviction of criminal negligence. The People must also prove that the defendant’s intoxication affected his physical and mental capacity to the extent that it caused him to operate his vehicle in a culpably reckless manner (People v. Fink, 18 A D 2d 220; People v. Manning, 7 A D 2d 1008; People v. Harvin, 47 Misc 2d 367; People v.…