People v. Daniel

Order unanimously affirmed. Memorandum: Defendant stands charged in a three-count indictment with criminally negligent homicide and violations of subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law. The charges arose from a motor vehicle accident which occurred on October 20, 1979 at about 4:00 a.m. at the intersection of George Urban Boulevard and Dick Road in the Town of Cheektowaga, resulting in the death of a passenger in a car which was struck by a van operated by defendant. Defendant was taken from the scene to Millard Fillmore Suburban Hospital. Approximately one hour…