People v. Battease
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*808On March 23, 1985, at approximately 2:30 A.M., the defendant, while operating a motor vehicle, was involved in a collision with another vehicle which resulted in the death of one of its passengers.
Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to sustain the conclusion that the defendant’s failure to perceive that his actions created a substantial and unjustifiable risk of death was a gross deviation from the standard of care that a reasonable person would have observed (see, Penal Law § 15.05 [4]; § 125.10), and that such actions…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MaliziaNew York Court of Appeals · 1984
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Hambsch v. New York City Transit AuthorityNew York Court of Appeals · 1984
- People v. KibbeNew York Court of Appeals · 1974
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3Cited by10 opinions
- People v. SenisiAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ParisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1989
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2020
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