People v. Marzulli

memorandum by the court.

In our opinion, the proof was insufficient to establish that the defendant “ operated ” the vehicle within the meaning of former subdivision 2 of section 1192 of the Vehicle and Traffic Law. The evidence tends to show, we believe, that the movement of the car was unintentionally caused by this defendant who was seated in the passenger seat at the time of the accident. An act may be criminal without intent or knowledge, but an involuntary act is not criminal (People v. Shaughnessy, 66 Misc 2d 19; Hornstein v. Paramount Pictures, 22 Misc 2d 996, affd. 266 App. Div. 659,…