People v. Nugent

Appeal from an order of the County Court of Essex County (Dawson, J.), entered September 30, 1992, which partially granted defendant’s motion to, inter alia, dismiss the indictment.

On February 8, 1992, at about 7:00 p.m., defendant was operating his pickup truck in the eastbound lane of River Street in the Village of Saranac Lake, Essex County, when he struck and killed a pedestrian, Arlene Pochily (hereinafter decedent), who was crossing the street in order to view an ice castle set up as part of a winter carnival. While a light snow was falling, the area was relatively well-lighted and…