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PEOPLE v. KREIS

302 N.Y. 894 (1951)

The People of the State of New York, Respondent, v. Herman E. Kreis, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Wilfred E. Hoffmann for appellant.

Jesse E. Cantor, District Attorney (Frank Del Vecchio of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., DESMOND, FULD and FROESSEL, JJ. LEWIS, J., dissents in the following opinion in which CONWAY and DYE, JJ., concur.

Judgment affirmed.

LEWIS, J. (dissenting).

The defendant appeals by permission of a Justice of the Appellate Division, Fourth Department, from a judgment of that court which affirmed a judgment of County Court (Onondaga County) convicting him of criminal negligence in the operation of a motor vehicle resulting in death. (Penal Law, § 1053-a.)

The indictment charges that defendant operated...

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