People v. Spampanato

— Adjudication unanimously affirmed. Memorandum: The evidence at trial, when viewed in the light most favorable to the People (see, People v Malizia, 62 NY2d 755, cert denied 469 US 932), was legally sufficient to sustain the jury verdict convicting defendant of criminally negligent homicide. Defendant was traveling 90 miles per hour in a 55-miles-per-hour speed zone. After becoming aware of a radar patrol in the area, he accelerated his vehicle despite being warned by his girlfriend to slow down. On this record it is clear that defendant failed to perceive the substantial and unjustifiable…