People v. Roberts

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant appeals from his conviction of criminally negligent homicide and assault in the third degree, contending that the evidence was insufficient to show that (1) the motor vehicle involved in the fatal accident was operated in a criminally negligent manner; and (2) that negligent operation of the motor vehicle was the cause of the accident. It is not necessary to consider other contentions raised by the defendant. At about 7:30 p.m. on March 10, 1978, a girl of 11 and a boy of 8, riding together on…