People v. Nelson
New York Court of Appeals
I. The City Court, Criminal Branch, retained jurisdiction of the charge of leaving the scene of an accident in violation of subdivision 5-a of section 70 of the Vehicle and Traffic Law and no authority existed for the consideration of that charge before the grand jury hearing evidence of the charge of criminal negligence resulting in the death of an individual in violation of section 1053-a of the Penal Law. (Charter of City of Rochester, §§ 474, 479.) II.
Read the full summary
I. The City Court, Criminal Branch, retained jurisdiction of the charge of leaving the scene of an accident in violation of subdivision 5-a of section 70 of the Vehicle and Traffic Law and no authority existed for the consideration of that charge before the grand jury hearing evidence of the charge of criminal negligence resulting in the death of an individual in violation of section 1053-a of the Penal Law. (Charter of City of Rochester, §§ 474, 479.) II. Section 270 of the Code of Criminal Procedure is not applicable as there had been no dismissal of the charge of leaving the scene of an…
1Opinion of the CourtFuld, J.
A pedestrian was struck and killed by a hit-and-run driver crossing a street in Eochester. Police investigation led to defendant as the operator of the automobile. After he admitted that he had driven the car and had failed report the incident, he was arrested and charged with two separate and distinct crimes — the felony of criminal negligence, in that he operated his automobile “ in a reckless or culpably negligent manner ” whereby a person was killed (Penal Law, § 1053-a), and the misdemeanor of leaving the scene of an accident (Vehicle and Traffic Law, § 70, subd. 5-a). Separate…
2Cited by19 opinions
- People v. WilkinsNew York Court of Appeals · 1986
- People v. Benson, New York County Courts1955
- People v. RybackNew York Court of Appeals · 1957
- People v. DeLioNew York Supreme Court · 1973
- People v. SassoAppellate Division of the Supreme Court of the State of New York · 1984
14 more not listed; retrieve them via the Exa API.