People v. Kenda

The defendant has been convicted following a jury trial of criminal negligence in the operation of a motor vehicle in violation of section 1053-a of the Penal Law and reckless driving in violation of section 58 of the Vehicle and Traffic Law. Upon this appeal from the judgment of conviction numerous errors are alleged to have occurred in the course of the trial and the charge of the court is attacked as inadequate and misleading. To place these contentions in proper focus it is necessary to briefly examine the indictment and some of the evidence presented upon the trial.

The indictment…