PEOPLE v. DECINA


1 A.D.2d 592 (1956)

The People of the State of New York, Respondent, v. Emil Decina, Appellant

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

May 25, 1956.


Attorney(s) appearing for the Case

Charles J. McDonough for appellant.

John F. Dwyer, District Attorney (Leonard Finkelstein of counsel), for respondent.

Present — McCURN, P. J., KIMBALL, WHEELER, WILLIAMS and BASTOW, JJ.


McCURN, P. J.

The defendant appeals from a judgment convicting him of criminal negligence in violation of section 1053-a of the Penal Law. The appeal also includes and brings up for review an order denying a demurrer to the indictment.

On March 14, 1955 while defendant was driving his automobile along Delaware Avenue in the city of Buffalo, the automobile went out of control, jumped the curb and killed...

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