Legal Opinion

People v. Caban

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2015No. 16268 1760/04Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 20, 2012, convicting defendant, after a jury trial, of criminally negligent homicide, and sentencing her to a term of 1 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence was essentially the same as the evidence introduced at defendant’s first trial, as described in our prior decision (51 AD3d 455 [1st Dept 2008], read on other grounds 14 NY3d 369 [2010]), in which,…

2Cases cited5 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. CabanNew York Court of Appeals · 2010
  5. People v. CabanAppellate Division of the Supreme Court of the State of New York · 2008

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