People v. Caban

Upon remittitur from the Court of Appeals (14 NY3d 369 [2010]) for consideration of issues now appropriate for this Court’s review, judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered April 28, 2005, convicting defendant, after a jury trial, of criminally negligent homicide, and sentencing her to a term of 1 to 3 years, unanimously reversed, on the law, and the matter remanded for a new trial.

On a prior appeal (51 AD3d 455 [2008]), this Court ordered a new trial based on an evidentiary issue, and the Court of Appeals reversed this Court’s order. In the Court of Appeals,…