People v. Demko

—Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 18, 1977, convicting him of two counts of criminally negligent homicide, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. Although defendant had been arrested for driving while intoxicated he was never convicted on that charge and, in fact, the charge had been dismissed prior to his trial on the instant indictment. Accordingly, it was gross error to admit evidence that defendant had been arrested for driving while…