PEOPLE v. ABBOTT


84 A.D.2d 11 (1981)

The People of the State of New York, Respondent, v. Mark D. Abbott, Appellant The People of the State of New York, Respondent, v. Paul T. Moon, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1981


Attorney(s) appearing for the Case

Rose H. Sconiers (Joseph Shifflett, Charles D. Halvorsen and Joseph B. Mistrett of counsel), for Mark D. Abbott, appellant.

Steiner, Blotnik & Kulik (Richard J. Steiner of counsel), for Paul T. Moon, appellant.

Edward C. Cosgrove, District Attorney (Thomas W. Bender of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, DOERR and MOULE, JJ., concur.


SCHNEPP, J.

The issue for determination is whether a participant in a high-speed automobile race on a public highway is subject to criminal liability when another participant's car is involved in an accident which results in the death of a third person. The charges in this case arose from a two-car accident involving the vehicle of the defendant Mark D. Abbott. The occupants of the other car were killed.

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