People v. Flynn

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by dismissing the indictment as to count 4, leaving the scene of an accident, and, as so modified, affirmed.

Defendant has been convicted of leaving the scene of an accident without reporting (Vehicle and Traffic Law § 600 [1] *881[a]) and other crimes. At trial, complainant testified that defendant struck the door of complainant’s parked vehicle, assaulted him, and then left the scene of the accident without providing a license or insurance identification card. Defendant testified that the accident occurred when…