Legal Opinion
People v. Curnuch
New York County Courts
Decided November 24, 1941PublishedCited by 2 opinions
1Opinion of the CourtFitzgerald, J.
Defendant has been indicted for manslaughter in the second degree and for criminal negligence in the operation of a vehicle resulting in death. Prior to the enactment of section 1053-a of the Penal Law (Laws of 1936, chap. 733), gross negligence in the operation of a vehicle was manslaughter in the second degree. (Penal Law, § 1052; People v. Scanlon, 132 App. Div. 528; People v. Grieco, 266 N. Y. 48, 51.)
The enactment of section 1053-a of the Penal Law removed from the category of homicide, reckless or culpable negligence in the operation of a vehicle resulting in the death of a human being,…
2Cases cited5 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- People v. . RazeziczNew York Court of Appeals · 1912
- People v. GriecoNew York Court of Appeals · 1934
- People v. ScanlonAppellate Division of the Supreme Court of the State of New York · 1909
- Monongahela Bridge Co. v. Pittsburgh & Birmingham Railway Co.Supreme Court of Pennsylvania · 1887
3Cited by2 opinions
- People v. KempCalifornia Court of Appeal · 1957
- Lee & Palmer, Inc. v. Employers Commercial Union InsuranceDistrict Court, S.D. New York · 1973