Legal Opinion

People v. Prim

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

Decided September 28, 2001Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the evidence is legally insufficient to support the *888conviction of criminally negligent homicide (Penal Law § 125.10). “To find defendant guilty of such crime, the jury must have concluded that he acted with criminal negligence, i.e., he failed to perceive a substantial and unjustifiable risk of such nature and degree that such failure constituted a gross deviation from the standard of care that a reasonable person would have observed in the situation” (People v Harris, 81 NY2d 850, 851; see, People v…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CableNew York Court of Appeals · 1984
  3. People v. DuffyNew York Court of Appeals · 1992
  4. People v. HarrisNew York Court of Appeals · 1993
  5. People v. VanDenBoschAppellate Division of the Supreme Court of the State of New York · 1988

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