People v. Miley

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered January 15, 2004, convicting him of criminally negligent homicide (two counts) and driving while impaired, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to find him guilty of criminally negligent homicide since the People failed to prove beyond a reasonable doubt that his impairment due to alcohol caused the subject motor vehicle collision. However, this claim is unpreserved for appellate review…