Legal Opinion
People v. Boutin
New York Court of Appeals
Decided April 5, 1990PublishedCited by 107 opinions
1Opinion of the Court
*694OPINION OF THE COURT
Hancock, Jr., J.
The unexplained failure of a driver to see the vehicle with which he subsequently collided does not, without more, support a conviction for the felony of criminally negligent homicide. Here, because the evidence of defendant’s conduct proved only that he did not see the vehicle ahead, the conviction should be reversed and the indictment dismissed.
On the night of November 26, 1985, defendant was driving a truck southbound in the right-hand lane of Interstate 87, commonly known as the Adirondack Northway. The night was overcast and dark, the weather was rainy…
2Cases cited5 opinions
- People v. HaneyNew York Court of Appeals · 1972
- People v. Ricardo B.New York Court of Appeals · 1989
- People v. StanfieldNew York Court of Appeals · 1975
- People v. Paul V. S.New York Court of Appeals · 1990
- People v. BoutinAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by107 opinions
- Queeman v. StateCourt of Criminal Appeals of Texas · 2017
- People v. MaherNew York Court of Appeals · 1992
- People v. LoughlinNew York Court of Appeals · 1990
- Tello v. StateCourt of Criminal Appeals of Texas · 2005
- People v. ConwayNew York Court of Appeals · 2006
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