Legal Opinion

People v. Davis

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

Decided March 28, 1988Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered July 2, 1982, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

We find that the evidence was legally insufficient to permit *727the jury to find beyond a reasonable doubt that the defendant’s conduct caused the victim’s death (see, Penal…

2Cases cited3 opinions

  1. People v. KibbeNew York Court of Appeals · 1974
  2. People v. HoltAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1979

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