People v. Smith

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered September 16, 2010, upon a verdict convicting defendant of the crime of criminally negligent homicide.

While hunting on the morning of November 15, 2008 in the Town of Keene, Essex County, defendant shot and fatally wounded his long-time friend and hunting partner, Leo Hickey. Defendant was subsequently indicted on one count of criminally negligent homicide. After being convicted by a jury, defendant was sentenced to a prison term of IV3 to 4 years and was ordered to pay restitution. Defendant now appeals.

*1298First,…