Legal Opinion
People v. Holt
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1985PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
Although driving while intoxicated may constitute a gross deviation from the standard of care that a reasonable person would observe, such conduct must be the cause of death of another person in order to establish prima facie proof of criminally negligent homicide. It is the People’s claim that defendant was grossly negligent in operating a vehicle while intoxicated during adverse weather conditions and that on this proof alone the jury could infer that this conduct on the part of defendant caused the accident which resulted in the victim’s death.
Defendant…
2Cases cited4 opinions
- People v. KibbeNew York Court of Appeals · 1974
- People v. HaneyNew York Court of Appeals · 1972
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1976
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by10 opinions
- People v. OsburnAppellate Division of the Supreme Court of the State of New York · 1989
- People v. DonohueAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BatteaseAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MaloofAppellate Division of the Supreme Court of the State of New York · 1998
- State v. GenslerDistrict Court of Appeal of Florida · 2006
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