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PEOPLE v. ECKERT

2 N.Y.2d 126 (1956)

The People of the State of New York, Respondent, v. Arthur George Eckert, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1956.

Attorney(s) appearing for the Case

Robert W. Corcoran and Michael J. Sullivan for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

CONWAY, Ch. J., DYE and FROESSEL, JJ., concur with BURKE, J.; DESMOND, J., dissents in an opinion in which FULD and VAN VOORHIS, JJ., concur.

BURKE, J.

The defendant was indicted for criminal negligence in the operation of a motor vehicle resulting in death in violation of section 1053-a of the Penal Law.

Tersely stated, the indictment in this case accuses the defendant of having caused the death of one Dorothy Ann Sager as a result of having lost control of an automobile he was operating when he lost consciousness during an epileptic seizure...

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